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30 AOUT 2013. - Railway Code Act (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provisions
CHAPTER 1^er. - General
Article 1^er. This Rail Code regulates a matter referred to in Article 78 of the Constitution, with the exception of Title 7/1 which regulates a matter referred to in Article 77 of the Constitution.
This Railway Code transposes:
1° Council Directive 91/440/EEC of 29 July 1991 on the development of community railways;
2° Council Directive 95/18/EC of 19 June 1995 concerning the licences of railway companies;
3° Directive 2001/14/EC of the European Parliament and of the Council of 26 February 2001 on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification;
4° Directive 2004/49/EC of the European Parliament and of the Council of 29 April 2004 on the safety of community railways and amending Council Directive 95/18/EC on the licences of railway companies, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacity, railway infrastructure pricing and security certification;
5° Directive 2007/59/EC of the European Parliament and of the Council of 23 October 2007 on the certification of train drivers ensuring the conduct of locomotives and trains on the railway system in the Community;
6th Directive 2008/57/EC of the European Parliament and of the Council of 17 June 2008 on the interoperability of the railway system within the Community.
This Rail Code partially transposes Directive 2012/34/EU of the European Parliament and the Council of 21 November 2012 establishing a single European railway space.
CHAPTER 2. - Scope of application
Art. 2. § 1^er. This Rail Code does not apply:
1° to private railway infrastructure and vehicles used on these infrastructures and intended to be used exclusively by their owners for their own freight transport operations;
2° to railway networks that are functionally separated from the rest of the railway system and are intended solely for the operation of local, urban or suburban services for the transport of passengers and goods;
3° to heritage, museological and tourist railways that have their own railway networks, including workshops, vehicles and personnel operating solely on such networks and lines;
4° to heritage, museological and tourist vehicles circulating on the national railway network. However, the rules in accordance with articles 27, paragraph 3, 46, paragraph 4, 68 § 2, paragraphs 3 and 5, and 70, and title 7 apply to these vehicles;
5° with the exception of articles 74, 12° and 82, to metros, trams and other urban and regional railway systems using light rail or any other rail-related mode, provided that the latter do not circulate on the Belgian railway network.
§ 2. Title 5 does not apply to train drivers operating exclusively on track sections that are temporarily closed to normal traffic due to the maintenance, renewal or redevelopment of the railway system.
CHAPTER 3. - Definitions
Art. 3. For the purposes of this Code, it shall be understood by:
1° "accident": an unintentional or unintended event, or a particular sequence of events of this nature, having adverse consequences; accidents are ventilated according to the following types: collisions, derailments, accidents at grade crossings, accidents of persons caused by rolling stock, fires and others;
2° "Serious accident": any train collision or train derailment causing at least one fatality or at least five serious injuries or causing significant damage to rolling stock, infrastructure or the environment, and any other similar accidents with obvious consequences for the regulation or management of railway safety; "significant damage" means damage that can be immediately estimated by an investigative body to a total of at least 2 million euros;
3° "Framework Agreement": the agreement defining the rights and obligations of a candidate and the manager of the railway infrastructure and relating to the capacities of the railway infrastructure to be distributed and the pricing to be applied over a period exceeding one period of validity of the service schedule;
4° "Administration": the railway administration;
5° "Agency": the European Railway Agency established by Regulation (EC) No 881/2004 of the European Parliament and the Council of 29 April 2004;
6° "Safety Approval": the approval granted to the railway infrastructure manager by the security authority;
7° "Attestation": the harmonized supplementary certificate specifying the infrastructure on which the licensee is authorized to operate and the rolling stock that the licensee is authorized to operate;
8° "Authorisation de mise en circulation": the act by which the use of a subsystem is authorized on the Belgian railway network;
9° "Security Authority": the authority responsible for tasks relating to the safety and interoperability of railways;
10° "Other on-board personnel performing critical tasks for operational safety": persons on board the train who are not train drivers, but who contribute to the safety of the train and to the safety of passengers and goods transported. As part of this Code and its enforcement orders, this staff is designated by the term "travel train attendants". This staff does not include Securail personnel;
11° "Candidat": any railway company or other natural or legal persons or entities, such as the competent authorities referred to in Regulation (EC) No. 1370/2007 and the shippers, freighters and combined transport operators having commercial or public service reasons to acquire infrastructure capacity;
12° "Possibility of railway infrastructure": the availability to program required links for a segment of the railway infrastructure for a certain period of time;
13° "Specific case": any part of the railway system that requires special provisions in temporary or final STIs, due to geographical, topographical, urban environment or consistency with the existing system. This may include, inter alia, isolated railway lines and networks from the rest of the European Union, the gauge, deviation or centreline of track, vehicles exclusively for local, regional or historical use and vehicles from or to third countries;
14° "Causes": actions, omissions, events or conditions, or a combination of them, which led to the accident or incident;
15° "Training Centre": an entity recognized by the security authority to give training courses;
16° "Safety Certificate": the document issued by the security authority which is intended to demonstrate that the railway company has established its security management system and is able to meet the requirements set out in ITS, other relevant provisions of European law as well as safety rules, in order to control risks and provide transport services on the network safely;
17° "Onboard staff certification": the verification that a flight attendant has the required psychological, medical and professional skills;
18° "Trade conductor": a person capable and authorized to operate independently, responsibly and safely on trains, including locomotives, manoeuvring locomotives, construction trains, maintenance and assistance rail vehicles or trains for the carriage of passengers or goods by rail;
19° "Constituting interoperability": any elemental component, group of components, subset or complete set of material incorporated or intended to be incorporated into a subsystem, which directly or indirectly depends on the interoperability of the railway system. The concept of "constituent" covers material but also immaterial objects such as software;
20° "Coordination": the procedure implemented by the railway infrastructure manager to seek a solution in the event of competing requests for the booking of railway infrastructure capacity;
21° "Detaining": the person or entity owner of the vehicle or having a right of disposition on the vehicle, who operates the vehicle as a means of transport and is registered as such in the national vehicle register (RNV);
22° "Network Reference Document": the document which specifies, in detail, the description of the network, the general rules to circulate it, the timelines, procedures and criteria for the pricing and distribution systems of the railway infrastructure; This document also contains all other information necessary to allow the introduction of requests for railway infrastructure capacity;
23° "Inquiry": a procedure to prevent accidents and incidents and to collect and analyze information, draw conclusions, including determination of causes and, where appropriate, make safety recommendations;
24° "Main Investigator": the person responsible for the organization, conduct and control of an investigation;
25° "Adjudicative entity": any public or private entity that orders the design and/or construction, renewal or redevelopment of a subsystem. This entity may be a railway undertaking, infrastructure manager or holder, or the concessionaire that is responsible for the implementation of a project;
26° "Making entity": an entity responsible for the maintenance of a vehicle and registered as such in the National Vehicle Register;
27° "Rail company": any company with private or public status and licensee of a licence in accordance with applicable European legislation, the main activity of which is the provision of goods and/or passenger transport services by rail, the traction that must be provided by that company; This term also covers companies that only provide traction;
28° "Essential requirements": all of the conditions described in Appendix 16 to which the railway system, subsystems and interoperability components must meet, including interfaces;
29° "Manager of Rail Infrastructure": any organization or company in particular responsible for the establishment and maintenance of railway infrastructure. This may also include the management of infrastructure control and security systems. The functions of infrastructure manager on all or part of a network may be assigned to several organizations or businesses;
30° "Service schedule": data defining all scheduled train and rolling stock movements, on the relevant railway infrastructure, during the period of validity of this schedule;
31° "Incident": any event, other than a serious accident or accident, related to the operation of trains and affecting operational safety;
32° "Rail infrastructure": all of the elements referred to in Schedule I, Part A, of Commission Regulation (EC) No 851/2006 of 9 June 2006 relating to the fixation of the contents of the different positions of the accounting diagrams of Annex I^re Regulation (EEC) No. 1108/70 of 4 June 1970;
33° "Sauerized infrastructure": the railway infrastructure section for which requests for railway infrastructure capacity cannot be fully met for certain periods, even after coordination of the various requests for capacity booking;
34° "Interoperability": the ability of a railway system to allow safe and undisrupted train traffic by performing the performance required for these lines. This ability depends on all regulatory, technical and operational conditions that must be met to meet the essential requirements;
35° " Licence": the certificate by which a company is recognized by the competent authority of a Member State of the European Union as a railway company for the supplies of railway transport services mentioned therein;
36° "Trademaster's Licence": a permit issued to a train operator by the safety authority certifying that the driver meets the minimum requirements for medical, psychological, basic education and general professional skills;
37° "Common Safety Methods (CMS)": the methods that are developed to describe how to assess safety levels, the achievement of security objectives and compliance with other security requirements;
38° "Minister": the Minister who has the regulation of rail transport in his duties;
39° "Implementation": all operations including the updating of the security clearance and security certificates by which the use of a subsystem or a set of subsystems is authorized on the Belgian railway network;
40° "Enforcement": all operations by which a subsystem or vehicle is set in nominal operating condition;
41° "Harmonized Standard": any European standard adopted by one of the European standard-setting bodies listed in Annex I^re the Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 providing for an information procedure in the field of technical standards and regulations and rules relating to the services of the information society and which, alone or jointly with other standards, constitutes a solution for the respect of a legal provision;
42° "Common Safety Objectives (CSOs): the safety levels that must at least reach the different parts of the railway system (such as the conventional railway system, the high-speed railway system, long rail tunnels or the lines only used for the carriage of goods) and the system as a whole, expressed as risk acceptance criteria;
43° "Control Body": the economic regulation authority of rail transport;
44° "Inquiry Organization": the body responsible for investigating accidents and incidents;
45° "Designated Organizations": bodies responsible for instructing the subsystem verification procedure in relation to national technical rules in the absence of ITS or in the event of derogation from them;
46° "Notified Organizations": bodies responsible for assessing the conformity or suitability of the interoperability components or for instructing the "EC" verification procedure of the subsystems;
47° "Basic Setting": any regulatory, technical or operational condition that is essential for interoperability and is specified in the relevant ITS;
48° "Interested Party": the railway undertaking that has introduced an application for infrastructure capacity as well as other parties wishing to comment on the impact that the service schedule may have on their ability to provide rail services during the period of validity of the service schedule;
49° "Driving personnel": the staff, on the one hand, composed of train drivers and, on the other, other on-board personnel performing critical safety tasks;
50° "Capacity Development Plan": a measure or a series of measures, with a schedule of implementation and to reduce capacity constraints that result in the reporting of a section of the railway infrastructure as "saturated infrastructure";
51° "Project at an advanced stage of development": any project whose planning/construction phase is at a stage such that a modification of technical specifications would be unacceptable to the Member State concerned. This impediment may be of a legal, contractual, economic, financial, social or environmental nature and must be duly justified;
52° "Redevelopment": significant work on modifying a subsystem or subsystem that improves the overall performance of the subsystem;
53° "National Register of Vehicles (RNV): the register of vehicles authorized to circulate on the Belgian railway network;
54° "National technical rules": the safety rules referred to in Article 171 of this Rail Code;
55° "Security rules": all rules that contain railway safety requirements imposed on the Belgian network, regardless of the organization that enacts them;
56° "National Safety Rules": all rules that contain railway safety requirements, which are imposed on the Belgian railway network and are applicable to more than one railway company, regardless of the body that prescribes them;
57° "Renewal of railway infrastructure": significant work on substitution of a subsystem or subsystem does not alter the overall performance of the subsystem;
58° "Distribution": the assignment by the railway infrastructure manager of the railway infrastructure capacity;
59° "Network": lines, stations, terminals and any type of fixed equipment necessary to ensure the safe and continuous operation of the railway system;
60° "Series": a number of identical vehicles with similar design;
61° "International Carriage Service of Goods": a rail freight transport service in which the train crosses at least once the border of a Member State; the train may be assembled and/or divided, and the different parts of the train may have different origins and destinations, provided that all cars cross at least one border;
62° "International Passenger Transport Service": a passenger transport service in which the train crosses at least once the border of a Member State and whose main purpose is to transport passengers between stations located in different Member States; the train may be divided or assembled and divided, and the different parts of the train may have different origins and destinations, provided that all cars cross at least one border;
63° "Rail Service": any provision of national or international transport of passengers, goods or combined national or international transport of goods;
64° "Sillon": the capacity of the railway infrastructure required to circulate a train from one point to another at any given time;
65° "Subsystems": the result of the subdivision of the railway system as indicated in Appendix 15 and for which essential requirements must be defined. These subsystems are structural or functional in nature;
66° "European Specification": a common technical specification, a European technical approval or a national standard transposing a European standard as defined in Article 67bis of the Royal Decree of 10 January 1996 on public contracts of work, supplies and services in the sectors of water, energy, transport and postal services;
67° "Technical Interoperability Specifications (ITS): the specifications of which each subsystem or subsystem is subject to in order to meet the essential requirements and ensure the interoperability of the railway system;
68° "Replacement as part of an interview": the replacement of components by identical function parts and performances as part of a preventive or corrective maintenance;
69° "Security Management System": the organization and provisions established by the railway infrastructure manager or a railway company to ensure the safe management of its activities;
70° "Rail system": the system consisting of railway infrastructure, including the fixed lines and installations of the railway system, and vehicles of any category and origin, which travel through these infrastructures;
71° Trans-European Railway System: conventional and high-speed trans-European railway systems described in Annex 14;
72° Vehicle type: a vehicle type defining the essential design characteristics of the vehicle, as referred to in the "EC" type examination certificate described in Annex II, Module B of Decision No. 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for product marketing and repealing Council Decision 93/465/EEC;
73° "Vehicle": a railway vehicle capable of moving on its own wheels on a railway line, with or without traction. A vehicle consists of one or more subsystems of a structural and functional nature or parts of these subsystems.
PART 2. - Separation between, on the one hand, the transport activity and the management of the railway infrastructure and, on the other hand, between the provision of passenger transport services for public service missions and activities related to the provision of other transportation services or any other activity
Art. 4. § 1^er. Companies, which provide rail transport services and operate the management of railway infrastructure, maintain separate accounts in their internal accounts, on the one hand, for the activity related to the provision of rail transport services and, on the other, for the management of railway infrastructure. The schedule of their annual account contains separate balance sheets, performance accounts and cash flows, on the one hand, for activities related to the provision of transportation services and, on the other, for activities related to the management of railway infrastructure.
Public assistance for the provision of rail transportation services or for the management of railway infrastructure cannot be transferred to the other activity.
The accounts for both activities are maintained to reflect this prohibition.
§ 2. Railway companies maintain separate accounts in their internal accounts relating to the rail freight transport activity. The schedule of their annual account contains a separate balance sheet, result account and cash flow for the freight rail transport activity.
Contributions to the provision of passenger transportation services for public service missions shall be included separately in the corresponding accounts and may not be transferred to the activity related to the provision of other transportation services or to any other activity.
PART 3. - Use of railway infrastructure
CHAPTER 1^er. - Access to railway infrastructure
Section 1^re. - Right of access and transit
Art. 5. There is a right of access to railway infrastructure:
1° The Belgian National Railway Company for the operation of all its transport activities;
2° Any railway undertaking established in a Member State of the European Union for the operation of any type of goods transport services;
3° Any railway undertaking established in a Member State of the European Union for the operation of international passenger transport services;
4° Any tourist association carrying out traffic for tourist purposes with historical material and recognized for this purpose.
Art. 6. During an international passenger transport service, the railway company has the right to take and drop passengers in any station located on the international route, including for the transport of passengers on parts of this route between two Belgian stations.
Art. 7. Any railway company wishing to carry out rail transport services and have access to railway infrastructure must be in possession:
1° of an appropriate licence to the types of services it offers and issued by the competent authority of a Member State of the European Union;
2° of a railway safety certificate;
3° of available railway infrastructure capacity granted by the railway infrastructure manager
Art. 8. The railway infrastructure manager freely circulates on his network for the maintenance and management, renewal and extension of the railway infrastructure, in accordance with the safety rules imposed on any user of the railway infrastructure.
The railway infrastructure manager shall make available to notified and designated bodies as well as to railway companies, railway infrastructure, in order to conduct tests in accordance with the provisions of Title 6 and in accordance with the safety rules.
To perform the tests referred to in paragraph 2, the applicant must pay the infrastructure manager a test fee for the vehicles used to perform the tests that cover the costs of the infrastructure manager. The King determines the rules of calculation and payment of this trial fee.
Section 2. - Services to provide railway companies
Art. 9. § 1^er. Access by the railway network to the services related to the railway activities referred to in Article 5, as well as the provision of these services in terminals and ports that serve or can serve more than one final customer are provided to all railway companies in a non-discriminatory and transparent manner and requests from railway companies can only be subject to restrictions if there are other viable solutions by rail to market conditions.
§ 2. The railway company may claim, on a non-discriminatory basis, all the minimum benefits referred to in item 1 of Schedule 1^re and network access to the service infrastructure described in Appendix 1^re. Services referred to in item 2 of Schedule 1^re are provided in a non-discriminatory manner; railway applications for services referred to in item 2 of Schedule 1^re can only be rejected if there are other viable options under market conditions.
§ 3. Additional services, referred to in Appendix 1^re, point 3, may be provided at the request of a railway company by the railway infrastructure manager. In such a case, they must be provided in a non-discriminatory manner with respect to any candidate who makes the application.
§ 4. The railway company may request the railway infrastructure manager or other suppliers to provide the related services referred to in Schedule 1^re, point 4. The railway infrastructure manager is not required to provide these services.
Section 3. - Authorities
Art. 10. Subject to other provisions, authorizations relating to the facilities of the impetrants and the construction of works of art above or below the railway are issued by the railway infrastructure manager. It prepares and maintains a related inventory.
Facilities that may pose a risk to the population or environment are clearly identified and located relative to the railway network.
CHAPTER 2. - Railway business license
Section 1^re. - Principles
Art. 11. Any company with an operating seat in Belgium has the right to apply to the Minister a licence to be recognized as a railway undertaking.
Art. 12. The licence is incessant and determines the types of services for which it is valid. It is valid throughout the territory of the European Union.
Section 2. - Licensing conditions
Art. 13. § 1^er. In order to obtain a licence, the applicant must be able to demonstrate at any time and from the beginning of its activities, whether it satisfied or satisfied with the conditions, determined by the King by a deliberate order in the Council of Ministers, in respect of financial capacity, professional capacity, coverage of its civil liability and in respect of honesty.
§ 2. For the purposes of § 1^erany undertaking requesting a licence must provide all relevant information.
§ 3. The King determines the modalities for the introduction of the application and the issuance of the licence.
§ 4. The King sets minimum amounts for civil liability coverage.
Section 3. - Validity of the license
Art. 14. The licence will remain valid as long as the railway company meets the requirements of section 13.
The licence is reviewed:
1° at regular intervals, determined by the King, at least every five years;
2° if the railway company intends to modify or expand its activities significantly;
3° if there is a serious doubt as to compliance with the requirements listed in section 13 by the railway company.
The King determines, by a deliberate decree in the Council of Ministers, the modalities of this review.
Section 4. - Licence withdrawal and suspension
Art. 15. The declarative judgment of bankruptcy has full right to withdraw from the licence.
Art. 16. Where the Minister finds that there is serious doubt as to the compliance with the requirements set out in this chapter or its enforcement orders, by a railway undertaking to which a licence has been issued by the authority of another Member State, the Minister shall promptly inform that authority.
Art. 17. The King shall determine, by a deliberate order in the Council of Ministers, the cases and modalities for the suspension and withdrawal of the licence, the introduction of new applications, the issuance of a temporary licence and the specific provisions of suspension or withdrawal that may be included in the licence.
Art. 18. Any licensing decision is notified to the European Commission.
Section 5. - Annual rebirth related to the detention of a licence
Art. 19. § 1^er. It is due by the licensee of a railway company licence, for participation in administrative, control and oversight fees, an indexed annual fee.
§ 2. This fee must be paid at the time of issuance of the licence and then before 1^er January of each year.
§ 3. This fee is not subject to reimbursement for the suspension or withdrawal of the licence or termination of the activity covered by the licence. When the licence has been withdrawn or suspended, the royalty may no longer be required for the following year.
§ 4. In case of non-payment, the licence may be suspended.
§ 5. The King determines the amount, terms and conditions of payment and the royalty indexing mechanism.
CHAPTER 3. - Relations between the railway infrastructure manager and railway companies
Section 1^re. - Network reference document
Art. 20. The railway infrastructure manager establishes the network's reference document and ensures that, after consultation with the control body, candidates and railway companies circulating on the network.
Art. 21. The network reference document includes the characteristics of the railway infrastructure available to railway companies. It contains the information necessary to access this infrastructure pursuant to this Rail Code and determined by Appendix 2. The network reference document is kept up-to-date and, where appropriate, amended.
Art. 22. The network reference document is published no later than four months prior to the rail infrastructure manager's deadline for the introduction of railway infrastructure capacity requests. Its publication is announced by notice to the Belgian Monitor.
It can be accessed electronically or obtained from the railway infrastructure manager with the payment of a fee set by it. This fee does not exceed the cost of publication.
Section 2. - Agreements
Art. 23. Any use of the infrastructure by the beneficiary of a link is preceded by an agreement between the railway infrastructure manager with the railway company providing rail transport services, defining the respective rights and obligations of each party. The conditions governing this agreement are non-discriminatory, transparent and consistent with the legal and regulatory provisions in force.
This agreement specifies, inter alia, how the security rules are implemented.
This agreement also contains a performance improvement system that involves using infrastructure pricing systems to encourage the railway company and the railway infrastructure manager to minimize failures and improve rail network performance.
This system applies to the entire network and can provide penalties for acts that cause failures and include compensation for companies that are victims of these failures as well as bonuses in the event of good performance exceeding the forecast based on the performance improvement system.
The King determines, by a deliberate order in the Council of Ministers, after the advice of the railway infrastructure manager, the rules for calculating and payment of the fees resulting from the application of the performance improvement system.
The parties may collect the opinion of the control body on the compatibility of the agreement envisaged with the provisions of this Rail Code and its enforcement orders.
Art. 24. § 1^er. The railway infrastructure manager and the candidate may enter into a framework agreement setting their rights and obligations with respect to the infrastructure capabilities to be allocated and the pricing to be applied, for a period exceeding one period of validity of the service schedule.
This framework agreement specifies the characteristics of the railway infrastructure capacity requested by the applicant and the railway infrastructure capacity available for a period exceeding one period of validity of the service schedule. The framework agreement does not define a link in detail but is established to meet the legitimate business needs of the candidate.
The framework agreement does not impede the use of the infrastructure concerned by other candidates or services.
The framework agreement may be amended to allow better use of railway infrastructure.
The framework agreement may include measures to punish behaviours leading to the modification of the agreement or to terminate it.
While respecting commercial confidentiality, the general provisions of each framework agreement are communicated to all parties likely to use the same capabilities.
The framework agreement is normally concluded for a period of five years, renewable by periods equal to its original duration. The railway infrastructure manager may, in particular cases, accept shorter or longer periods. Any period of more than five years is motivated by the existence of commercial contracts, special investments or risks.
In special cases, especially if significant long-term investments require it, the duration may be more than ten years.
The parties may collect the opinion of the control body on the compatibility of the agreement envisaged with the provisions of this Rail Code and its enforcement orders.
The railway infrastructure manager develops the framework agreement model that is an integral part of the network's reference document.
§ 2. By derogation from Article 24, § 1^er, paragraph 7, for services using infrastructure designated in accordance with section 38, paragraph 2, requiring significant and long-term investments duly justified by the applicant, the framework agreement may be concluded for a period of fifteen years. A period of more than fifteen years is eligible only in exceptional cases, in particular when it comes to significant and long-term investments and especially when they are subject to contractual commitments including a multi-year amortization plan.
In this case, the applicant may request a detailed definition of the characteristics of the capabilities, including the frequency, volume and quality of the links, which are made available for the duration of the framework agreement. The railway infrastructure manager may reduce the reserved capacity for which the use, over a period of at least one month, has been below the threshold provided for in section 41, § 4.
An initial framework agreement may be established for a period of five years, renewable for five years, based on the characteristics of the capacity used by service candidates before 1^er January 2010, to take into account specific investments or the existence of commercial contracts. The control body is responsible for authorizing the entry into force of such an agreement.
Section 3. - Disruptions, accidents and incidents
Art. 25. In the event of rail traffic disruption due to a technical failure, accident or serious incident, the railway infrastructure manager shall take the necessary steps to ensure the recovery of the normal situation.
Without prejudice to Section 93 and Chapter 6 of Title 4, it sets out an intervention plan that includes a list of the various interveners to be alerted in the event of a serious accident or disruption of traffic.
Section 4. - Confidentiality
Art. 26. The infrastructure manager respects the confidentiality, from a commercial point of view, of the information that the applicants provide.
CHAPTER 4. - Distribution of railway infrastructure capacity
Section 1^re. - General
Art. 27. The railway infrastructure manager shall establish specific rules for the allocation of railway infrastructure capabilities based on the provisions of this chapter and publish them in the network reference document.
The railway infrastructure manager may collect the opinion of the control body on the compatibility of these specific rules with the provisions of this Rail Code and its enforcement orders.
Derogation from paragraph 1^er, the King may set specific distribution rules for vehicles reserved for strictly heritage, historical or tourist use.
Section 2. - Principles for the Distribution of Railway Infrastructure Capacity
Art. 28. The railway infrastructure manager effectively and optimally distributes the available capabilities for both national and international rail services on a fair and non-discriminatory basis.
The railway infrastructure manager is, at all times, able to indicate to any interested party the capabilities that remain available on the network.
Art. 29. The available capacity of the railway infrastructure assigned to a candidate cannot be transferred to another candidate or other service.
The use of capacity by a railway company to carry out the activities of a candidate who is not a railway company is not considered a transfer.
Any infrastructure capacity transaction is prohibited and results in the exclusion of capacity allocation for the current service schedule.
Art. 30. § 1^er. The right to use specific railway infrastructure capabilities in the form of stalks is granted to a candidate for a maximum period of time corresponding to a single period of validity of the service schedule.
§ 2. However, the railway infrastructure manager and a candidate may enter into a framework agreement in accordance with Article 24, § 1^er, with respect to the use of capacity on the railway infrastructure concerned, for a period exceeding one period of validity of the service schedule.
§ 3. The railway infrastructure manager may require the candidate to pay the administrative costs related to the processing of the application, whether or not a link is awarded to the applicant.
Art. 31. When a candidate intends to request infrastructure capacity for the operation of international passenger transport services with stops allowing transport services between two stations located in Belgium, he informs the manager of the relevant infrastructure and the control body.
In order to be able to assess the purpose of an international passenger transport service, the control body shall ensure that the Minister, as well as the Minister who has assigned a rail passenger transport service as defined in a public service contract and any railway undertaking performing the public service contract on the journey of this international passenger transport service are informed.
Section 3. - Distribution procedures
Sub-section 1^re. - Requests
Art. 32. Railway infrastructure capacity requests are introduced:
1° or by the candidates referred to in Article 5 who hold a licence and a security certificate,
2° is by the distribution agency of the railway infrastructure capacities of another EU Member State for the journey located in Belgium.
They are addressed to the Belgian railway infrastructure manager when the departure of the service takes place in Belgian territory.
Art. 33. § 1^er. Requests for regular services are introduced and processed in accordance with the schedule listed in Appendix 3 and in accordance with the terms and conditions set out in the network reference document.
§ 2. Applications that are included in a framework agreement are processed in accordance with this agreement.
§ 3. Applications filed beyond the deadline for the introduction of capacity requests can only be met on the network capabilities available after the assignment of the links or on reserved capabilities.
§ 4. Requests submitted after the issuance of the service schedule, but for this service schedule, may only be met for the remaining duration of the current service schedule and the network capabilities available after the assignment of the links or on reserved capabilities.
Art. 34. Applications involving several networks, including the Belgian network, can be addressed to the Belgian railway infrastructure manager. The latter therefore acts on behalf of the candidate in his search for capacity with the other railway infrastructure managers involved.
International ties, as agreed by the various railway infrastructure managers, are integrated into the schedule project prior to the commencement of consultations on the railway infrastructure.
Art. 35. From the deadline for filing applications, the railway infrastructure manager has up to four months to prepare a proposed service schedule.
This draft is prepared in the light of the provisional international links established in cooperation according to the procedure described in article 34; the railway infrastructure manager shall ensure to the extent possible that these links are respected during the proceedings.
When the proposed service schedule is established, the railway infrastructure manager shall consult with interested parties and shall allow them to submit their comments for a period of one month.
The effective date of the schedule shall be no later than twelve months after the deadline for the filing of applications.
Art. 36. In the event of ad hoc requests for links, the railway infrastructure manager will respond within a maximum of five working days. In the event of requests referred to in Article 33, §§ 3 and 4, the railway infrastructure manager shall respond within a maximum period of one month. The railway infrastructure manager informs candidates of the unused and available capabilities that they may wish to use.
Art. 37. The scheduled maintenance of the railway infrastructure takes the form of a request for capacity, introduced as a reservation as part of the preparation of the service schedule. The railway infrastructure manager takes into account its impact on applicants' capacity requests.
Sub-section 2. - Programming and coordination procedures
Art. 38. The capacity of the infrastructure is considered to be available for all types of services that meet the requirements for borrowing the link.
However, the railway infrastructure manager may designate certain specific railway infrastructure, to be used for specific types of railway services where substitution routes exist. This is reflected in the network reference document. This designation does not preclude the use of these railway infrastructure for other types of railway services as long as capabilities are available and the rolling stock has the technical characteristics required to borrow the railway infrastructure in question.
This designation is made after consultation with interested parties and consultation with the administration.
Art. 39. The railway infrastructure manager strives to meet all requests for railway infrastructure capacity; It takes into account the constraints that candidates face, such as the economic impact on the activities and observes the specific rules set out in this Code regarding competing applications, saturation, ad hoc requests, rail infrastructure specification and maintenance requests.
Art. 40. § 1^er. In the event of competing applications, the railway infrastructure manager, through the coordination of applications, strives to ensure the best possible alignment between them.
§ 2. In this context, it can offer different railway infrastructure capacities from those requested and, in the event of a conflict, the railway infrastructure manager consults the candidates concerned.
The principles governing the coordination procedure are defined in the network reference document. In particular, they reflect the difficulty of drawing international links and the impact that any change may have on other railway infrastructure managers.
Art. 41. § 1^er. When, following the procedure for the coordination of the required links and the consultation of the candidates, it is impossible to reconcile all requests for railway infrastructure capacity or if one may think that railway infrastructure will suffer the same shortage in the near future, the railway infrastructure manager immediately declares the section of the railway infrastructure concerned "saturated infrastructure".
§ 2. The railway infrastructure manager shall, within six months of the declaration of saturation, establish a capacity analysis, unless a strengthening project has already been adopted, in accordance with § 3.
Capacity analysis determines the limitations on the railway infrastructure's capacity and the reasons for this saturation that prevents capacity requests from being properly met, and proposes methods and measures to meet additional requests that could be made in the short and medium terms to address them.
The King determines the content of the analysis.
§ 3. Within a period of six months from the establishment of the capacity analysis, the railway infrastructure manager presents a project of capacity building plan after consultation with users of the saturated railway infrastructure. The project mentions the reasons for saturation, the likely evolution of traffic, the constraints that weigh on the development of railway infrastructure and the possible solutions and their cost. Based on the cost-benefit analysis of the measures envisaged, the measures to be taken to strengthen the capacities and the timetable for their implementation are defined.
The project is approved within three months by Royal Decree deliberated in the Council of Ministers.
§ 4. The railway infrastructure manager imposes the renunciation of a link whose use, over a period of at least one month, has been less than a threshold specified in the network's reference document, unless this sub-use results from non-economic reasons beyond the control of the railway company concerned.
Art. 42. § 1^er. The railway infrastructure manager waives the charge referred to in section 50, §2, on the relevant saturated railway infrastructure, in cases where:
1° does not present a capacity-building plan within the time limit provided for in Article 41, § 3, or
2° it does not implement the action plan developed under the strengthening plan within three months of its adoption.
§ 2. However, subject to the agreement of the control body, the railway infrastructure manager may continue to collect this fee if:
1° the capacity-building plan cannot be implemented for reasons beyond its control, or
2° options available to him are not economically viable or financially viable.
Art. 43. When a railway infrastructure has been declared saturated and the royalties referred to in section 50, §2, have not been collected or have not yielded compelling results, the railway infrastructure manager shall apply the priorities determined by the King, by a deliberate order in the Council of Ministers, as follows:
1° public service obligations;
2° of the necessary development of goods transport services and, in particular, of international freight transport services.
The railway infrastructure manager may also determine priority criteria that it uses in the network reference document, in accordance with the criteria determined in accordance with paragraph 1^erfor the purpose of optimizing the use of railway infrastructure or for economic reasons. It takes into account the previous levels of use of the links for the determination of priority criteria.
Art. 44. In the event of an emergency and absolute necessity, motivated by a failure that temporarily renders railway infrastructure unusable, the allotted links may be removed without notice, the time required to rehabilitate the facilities.
If the infrastructure manager considers it necessary, the infrastructure manager may require, with reasonable compensation, railway companies that they make available to him the most appropriate means to restore the normal situation as soon as possible.
Subsection 3. - Cooperation with other railway infrastructure managers
Art. 45. The railway infrastructure manager cooperates with the railway infrastructure managers of the other EU member states in order to enable the creation and effective allocation of capacity of the railway infrastructure involving several networks. As part of this cooperation, the railway infrastructure manager organizes international links and puts in place the necessary procedures for this purpose.
When the Belgian railway infrastructure manager has the initiative of this cooperation, he informs the European Commission and invites him to participate as an observer. It also informs the public in an appropriate manner.
CHAPTER 5. - Rail infrastructure usage claims
Section 1^re. - General
Art. 46. The King determines, by a deliberate order in the Council of Ministers, after the advice of the railway infrastructure manager, the rules for calculating and payment of fees for the use of railway infrastructure.
It may also, after notice by the railway infrastructure manager, define the specific pricing rules. If not, these rules are determined by the railway infrastructure manager.
The pricing system, as well as the scales are mentioned in the network reference document.
Derogation from paragraph 1^er, the King may set specific rules for calculating fees for the use of railway infrastructure for vehicles reserved for strictly heritage, historical or tourist use.
Art. 47. § 1^er. The King defines, by order deliberately in the Council of Ministers, the appropriate conditions, including possible ex ante payments, so that the accounts of the manager of the railway infrastructure, under normal operating conditions and over a reasonable period, present at least a balance between, on the one hand, revenues derived from the royalties of use of the railway infrastructure, if it is purchased, surpluses from other activities
§ 2. The railway infrastructure manager is, while complying with safety requirements and improving the quality of service of railway infrastructure, encouraged to reduce the costs of providing infrastructure and the level of fees for the use of railway infrastructure.
§ 3. If the infrastructure manager is an autonomous public enterprise, the implementation of the provision of § 2 is carried out within the framework of the management contract with the Belgian State. If the infrastructure manager is not an autonomous public enterprise, the King adopts by a deliberate decree in the Council of Ministers the provisions relating to the implementation of § 2.
Art. 48. The railway infrastructure manager establishes a cost imputation method. This method and its possible update based on international best practices are subject to approval by the control body no later than the beginning of the first service schedule following the entry into force of this Rail Code.
Section 2. - Railway Infrastructure Pricing Principles
Art. 49. The railway infrastructure manager determines and receives fees for the use of railway infrastructure, in accordance with this Rail Code and its enforcement orders. It affects them in its activities.
Art. 50. § 1^er. Royalties collected for all minimum benefits and access by the network to the service infrastructure referred to in items 1 and 2 of Schedule 1^re, are equal to the cost directly attributable to the operation of the railway service.
§ 2. The railway infrastructure use fee may include a fee for the scarcity of capacity of the identifiable section of the railway infrastructure during saturation periods.
§ 3. The railway infrastructure usage fee may be amended to reflect the cost of the impact on the train operation environment. Such an amendment taking into account environmental costs resulting in an increase in the overall amount of revenues realized by the railway infrastructure manager is permitted only if it also applies, at a comparable level, to competing modes of transport. If not, this change cannot result in any change in the overall amount of revenues realized by the railway infrastructure manager.
§ 4. In order to avoid disproportionate variations, the royalties referred to in §§ 1^er to 3 may be expressed in averages calculated on a sufficient range of railway services referred to in paragraphs 1 and 2 of Schedule 1^re and periods.
§ 5. Unlike the access fee to the services referred to in Schedule 1^re, point 2, the price of these services is fixed taking into account the situation of competition of railways.
Art. 51. Where the services referred to in Schedule 1^re, points 3 and 4, i.e., supplementary benefits and related benefits, are offered only by a single supplier, the fee imposed for such a service is related to the cost of the benefit calculated from the actual usage level.
Art. 52. Royalties may be collected for the capacity used to maintain the railway infrastructure. Such fees are not greater than the net amount of the loss of profits incurred by the railway infrastructure manager as a result of maintenance operations.
Art. 53. The railway infrastructure manager must at any time be able to demonstrate that the actual railway infrastructure usage charges are in accordance with the method, regulations and scales defined in the network's reference document.
Art. 54. It may be collected by the railway infrastructure manager an appropriate fee for assigned but unused capabilities. This right encourages effective use of capacity.
Art. 55. § 1^er. To ensure payment of royalties, the railway infrastructure manager may impose a financial guarantee on candidates. This is proportional to the planned activity.
§ 2. This guarantee is transparent and non-discriminatory. It is published in the network reference document and is informed by the European Commission.
Section 3. - Exceptions to pricing principles
Art. 56. § 1^er. By derogation from section 2, the King may, by a deliberate order in the Council of Ministers, decide on increases in the use of railway infrastructure in order to complete the recovery of the costs incurred by the railway infrastructure manager.
In particular, the decision takes into account the possibility for the railway market to support these increases and competition in the transport sector.
The decision does not exclude the use of railway infrastructure by market segments that can at least pay the cost directly attributable to the operation of the railway service, plus a rate of profitability if the market lends itself.
§ 2. The railway infrastructure manager may modify the majorations referred to in § 1^erafter agreement of the Council of Ministers. The amendment can only come into force three months after publication.
Art. 57. For specific investment projects that will be carried out in the future or whose realization does not go further than March 15, 1986, the King may, by a deliberate decree in the Council of Ministers, authorize the railway infrastructure manager to determine or maintain higher fees, based on the long-term cost of such projects.
Projects referred to in paragraph 1^er relate to the improvement of efficiency and/or efficiency in terms of cost which, if not, could not or could not have been implemented.
The railway infrastructure manager may in the cases referred to in paragraph 1^erinsert in its agreements with railway companies a risk-sharing clause related to new investments.
Art. 58. In order to prevent discrimination, it is ensured that the average and marginal fees collected by the railway infrastructure manager are comparable to the equivalent use of its infrastructure and that comparable services provided in the same market segment are subject to the same fees.
In the network reference document, the railway infrastructure manager shows that the pricing system meets these requirements to the extent that it can do so without revealing confidential business information.
Art. 59. § 1^er. Without prejudice to Article 50, § 1^erany reduction made on royalties collected from a railway company by the railway infrastructure manager, for any service benefit, meets the criteria of this section.
§ 2. With the exception of § 3, the reductions are limited to the real administrative cost economy carried out by the railway infrastructure manager. To determine the amount of the reduction, the savings already incorporated in the levy may not be taken into account.
§ 3. The railway infrastructure manager can establish systems available to all rail infrastructure users and, for specific traffic flows, allow time-limited reductions to encourage the development of new rail services or reductions that favour the use of significantly underutilized lines.
§ 4. The reductions can only cover royalties collected for a specific section of the railway infrastructure.
§ 5. Similar reduction systems apply to similar services.
Art. 60. § 1^er. The King may, by a deliberate decree in the Council of Ministers, establish a limited time system for compensation of fees for the use of railway infrastructure within the limits described in § 2. The Royal Order contains the method and calculations of compensation.
§ 2. This system can cover environmental costs, accident costs and uncovered infrastructure costs in competing modes of transport, where these costs exceed the railway-specific equivalent costs.
§ 3. When an operator with compensation enjoys an exclusive right, this compensation must be accompanied by similar benefits to other users.
CHAPTER 6. - Control organ
Section 1^re. - Designation
Art. 61. The King designates by a deliberate decree in the Council of Ministers the control body.
Section 2. - Missions
Art. 62. § 1^er. In addition to the duties conferred under the Act, the supervisory authority is vested in the missions described in this section.
§ 2. Under its advisory missions, the oversight body:
1° gives reasoned opinions and submits proposals;
2° of initiative or at the request of the Minister, conducts research and studies related to the railway market;
3° shall provide the Minister with the information necessary to establish the licensing, pricing, distribution of infrastructure capacity;
4° cooperates with the supervisory bodies of the other EU Member States to coordinate decision-making principles throughout the Union.
§ 3. Under its control missions, the control body:
1° controls the conformity of the network's reference document to this Rail Code and its enforcement orders;
2° ensure that royalties are in conformity with the provisions of this Rail Code, its enforcement orders and the network reference document and applied in a non-discriminatory manner;
3° ensures that the distribution of railway infrastructure capacity is consistent with the provisions of this Act, its enforcement orders and the network reference document;
4° without prejudice to the Law on Protection of Coordinated Economic Competition on 15 September 2006, controls competition in the railway services markets, including the railway freight market;
5° determines, following a request from the Minister, the Minister having assigned a railway passenger transport service defined in a public service contract or relevant railway companies, if the main objective of a passenger transport service is the transport of passengers between two stations located in different Member States;
6° verifies compliance with Article 4.
§ 4. As part of its administrative dispute resolution mission, the control body shall, within 10 business days, decide disputes in the distribution of railway infrastructure capacities, without prejudice to existing remedies, at the request of either the railway infrastructure manager or a candidate. The King sets out the terms and conditions for the settlement of disputes.
§ 5. As part of its administrative appeals missions, the control body may be seized on a written complaint, notified by registered mail, of any railway undertaking, candidate or railway infrastructure manager, if it considers itself to be a victim of unfair treatment, discrimination or other prejudice with respect to:
1° the network reference document or the criteria it contains;
2° the procedure for the distribution of infrastructure capacities and its results;
3° the pricing system, the level or structure of the fees for the use of railway infrastructure;
4° the provisions for access to railway infrastructure referred to in Articles 5, 6, 7, 1° and 3°, 8 and 9.
The administrative remedy is not suspensive of the decision under appeal, unless the supervisory body decides otherwise at the request of the complainant party.
§ 6. The control body shall decide on the challenges submitted to it by the railway infrastructure manager with respect to the allocation of minutes of delay within the performance improvement system referred to in section 23, paragraph 5.
Section 3. - Powers
Art. 63. § 1^er. In carrying out its advisory missions, the control body renders opinions.
§ 2. In accordance with its dispute resolution mission, the control body makes individual decisions motivated.
§ 3. In carrying out its administrative review and appeals missions, the control body shall take all necessary measures, including interim measures and administrative fines, to end offences relating to the network reference document, the allocation of capacity, infrastructure pricing and access provisions, in accordance with sections 64 and 65.
Art. 64. The control body may, in the cases referred to in Article 63, § 3, impose an administrative fine. The fine may not be, per calendar day, less than 12,500 euros or more than 100,000 euros, nor, in total, more than 2 million euros or 3 per cent of the turnover that the person concerned made during the last closed fiscal year, if the latter amount is higher.
The fine can be calculated on a daily basis.
Without prejudice to the right to quote before the competent judge, the recovery of administrative fines may take place by way of constraint to the diligence of the administration of the T.V.A., the registration and the domains.
Art. 65. The control body shall rule by reason of decision in the cases referred to in Article 63, § 3, after hearing the parties in question, within two months after receiving all the information, unless otherwise provided in the law.
It makes its decisions taking into account, inter alia:
1° compliance with applicable laws and regulations;
2° of the principle of equal access to railway capacities;
3° the need to maintain the integrity of the Belgian railway network and its interoperability with the railway services of other States;
4° of the nature of the demand with regard to the available capacity resources to satisfy it.
It may conduct or conduct any relevant investigations and, where necessary, appoint experts and hear witnesses.
The control body shall notify the parties and make them public within 15 days of the decision. These decisions are binding on all concerned parties.
They are published in paper and electronic form.
Art. 66. Members of the supervisory body are subject to professional secrecy, subject to the application of section 458 of the Criminal Code, with respect to the facts, acts and information they will be aware of because of their duties, except for the exceptions provided by law.
Section 4. - Resources
Art. 67. § 1^er. In order to cover the full operating and personnel costs of the inspection body, the holders of a Part B security certificate referred to in section 99 and the holder of the security licence referred to in section 95 shall pay to the Federal Public Service Mobility and Transport a fee.
A quarter of the annual amount is due per quarter.
The overall fee is distributed among the holders of a Part B security certificate and the holder of the security clearance.
The share of the security licence holder is 30 percent of the total amount.
The share of the holders of a security certificate Part B is seventy per cent of the total amount. This share is distributed among the holders in proportion to the number of train-kilometers they preceded over the quarter fenced three months before the quarter concerned by the royalty. The train-kilometers, prested by each holder, are communicated by the security clearance holder to the Federal Public Service Mobility and Transport immediately after the quarterly closure.
§ 2. The King shall, by a deliberate decree in the Council of Ministers, determine the amount of the royalty referred to in § 1^er and the methods of imputation and payment of it.
PART 4. - Railway infrastructure security
CHAPTER 1^er. - Security rules
Art. 68. § 1^er. The national regulatory framework for security rules is composed of the following safety rules:
(1) the rules relating to national security objectives and methods;
2° the requirements for safety management systems, the security clearance of the infrastructure manager and the safety certification of railway companies;
3° rules relating to safety personnel, rolling stock and railway infrastructure;
4° the rules for accident and incident investigations;
5° the rules relating to the operation of railway infrastructure;
6° the requirements for the movement of heritage vehicles;
7° internal security rules.
§ 2. The King determines, by deliberate decree in the Council of Ministers, the rules relating to objectives and methods of security.
The King determines the requirements for safety management systems, the security clearance of the infrastructure manager and the safety certification of railway companies.
The King determines the requirements for security personnel, rolling stock and rail infrastructure.
The King determines the rules for accident and incident investigations.
The King determines the requirements for the movement of heritage vehicles on the network.
§ 3. In the absence of ITS or in addition to ITS, the railway infrastructure manager adopts the safety rules for the operation of railway infrastructure. These rules and their amendments are subject to the consistent opinion of the security authority, according to a procedure determined by the King.
§ 4. The railway infrastructure manager and each railway company adopt internal safety rules as part of their safety management system, each of them.
§ 5. The King shall determine the terms and conditions for publication of the entire regulation referred to in §§ 1^er 3.
Art. 69. § 1^er. After the adoption of common security objectives, the King and the railway infrastructure manager may adopt, in accordance with Article 68, §§ 1^er at 3, a new national security rule based on a higher level of security than that of common security objectives or that is likely to affect the activities of railway companies on the Belgian network, in accordance with the conditions set out in the following paragraphs.
§ 2. The security authority shall consult with railway companies and/or holders and/or the railway infrastructure manager and/or manufacturers, according to the contents of the national security rules referred to in § 1^er.
§ 3. The security authority submits the draft national security rule to the European Commission's review, setting out the reasons why it intends to introduce it.
If the Commission discloses that it has real doubts as to the compatibility of the draft national security rule with the common security methods or with the possibility of achieving at least the common security objectives, or that it considers that it establishes arbitrary discrimination between the Member States or constitutes a disguised restriction of the rail transport operations between them, the adoption, the entry into force or the application of the rule is suspended until the time
§ 4. The security authority shall notify the European Commission of the national security rules adopted or amended on the basis of Article 68, §§ 1^er to 3, unless the said rules relate exclusively to the implementation of an ITS. The notification includes information on the main content of the rules with references to legislative texts, the form of the rules, and the proceeding that proceeded to their publication.
Art. 70. § 1^er. In the event of extreme emergency or danger affecting the safety of railway infrastructure or its use, the railway infrastructure manager shall take emergency measures that may deviate from the safety rules. He shall immediately and at the latest notify the working day following the security authority. These measures are applicable immediately. The railway infrastructure manager shall notify all railway companies operating on the network immediately of these emergency measures. These measures are valid for a maximum of three months, unless the security authority decides otherwise.
§ 2. When the railway infrastructure manager finds that the equipment used is a risk to the safety of rail traffic, it takes the necessary measures, including prohibiting traffic.
§ 3. When the railway infrastructure manager finds that security personnel pose a risk to the safety of rail traffic, it takes the necessary measures, including the preventive suspension of security functions.
The practical arrangements for the preventive suspension of security functions are determined by the King.
§ 4. When the railway infrastructure manager takes the measures referred to in paragraphs 2 and 3, he shall immediately inform, and no later than the next business day, the security authority.
§ 5. The railway infrastructure manager may:
1° verify the identity and documents attesting to the certification of security personnel;
2° check the condition of the rolling stock and enter it.
The King determines the model of the legitimation card that is presented for these audits.
§ 6. The security authority may, by a reasoned decision, require the railway infrastructure manager to cancel the effects of the measure taken in accordance with § 2 for the future or to modulate this measure, if it considers that it is not appropriate and/or is manifestly disproportionate.
Art. 71. The King and, if applicable, the railway infrastructure manager, adapts the national security rules adopted on the basis of Article 68, §§ 1^er at 3, CSOs and MSCs as they are adopted.
CHAPTER 2. - Security Authority
Section 1^re. - Designation
Art. 72. The King, by a deliberate decree in the Council of Ministers, designates the security authority.
Art. 73. § 1^er. In order to perform the tasks, responsibilities and obligations that are vested in the security authority by the provisions of this Rail Code, members of the statutory staff of the SNCB Holding may be transferred on a voluntary basis to the security authority in the manner prescribed by a royal decree deliberated in the Council of Ministers.
These transfers are not new appointments. The staff members concerned retain their administrative and financial seniority, last reporting or evaluation, and title and grade, or are given equivalent title and grade.
The administrative and monetary situation as well as the pension plan of staff members from the SNCB-Holding can never be less favourable than that which would have been theirs if they had remained staff members of the SNCB-Holding.
In a financial situation, there is a broad-based approach to pay, including treatment, vacation pay, allowances, allowances, bonuses and benefits of all kinds.
At any time, on three-month notice, each staff member transferred may request an end to the transfer and then reintegrate the SNCB-Holding framework.
§ 2. By derogation from § 1^er, the direction of the security authority no longer has any connection with the SNCB-Holding and may no longer benefit from the rights and benefits recognized to the statutory staff of the SNCB-Holding under paragraphs 1^er to 4 of § 1^er.
The King shall determine, by order deliberately in the Council of Ministers, the content of the concept "direction" of the security authority provided for in this paragraph.
Section 2. - Tasks
Art. 74. § 1^er. The tasks of the security authority are as follows:
1° the authorization for the commissioning of structural subsystems constituting the railway system and the verification of what they are operated and maintained in accordance with the essential requirements concerning them;
2° the control of the conformity of interoperability components to essential requirements;
3° the authorization for the commissioning of vehicles;
4° the issuance, renewal, modification and withdrawal of security certificates and security clearances granted in accordance with Chapter 4, including the verification of the conditions and requirements defined therein and the conformity of the activities of the railway infrastructure manager and railway companies with the requirements for obtaining the approval or certificate;
5° the issuance of a notice in accordance with the other national security rules referred to in Article 68, § 3;
6° the control of compliance with security rules;
7° updating and adapting the national vehicle registry by ensuring that vehicles are duly registered in the national vehicle registry and that the safety information contained therein is accurate and up-to-date;
8° the verification of the conformity of the provision of training services to the security requirements defined in the ITS or the rules adopted by the King;
9° the tasks relating to the certification of train drivers covered by the rules laid down in article 68, § 1^er, 3° ;
10° tasks related to the certification of train drivers under heading 5;
11° certification of train attendants;
12° the verification of the effectiveness of the braking system of the rolling rolling stock as provided for in Chapter II of the Royal Decree of 15 September 1976 regulating the police of the transport of persons by tram, pre-metro, metro, bus and bus;
13° the imposition of administrative fines;
14° the verification, promotion and, where appropriate, the proper application and development of the safety regulatory framework, including the system of national safety rules and the rules relating to the transport of dangerous goods by rail;
15° the proper application of the provisions relating to the conditions of use of mobile workers performing cross-border interoperability services in the railway sector.
§ 2. The possession of the quality of personnel of the security authority is brought to the attention of third parties by a legitimation card whose model is fixed by the King.
Art. 75. The security authority may, in carrying out its tasks referred to in section 74, take all necessary measures, including the prohibition on the movement of equipment or personnel and may conduct the necessary inspections and investigations for the performance of its duties.
Art. 76. § 1^er. The security authority may make an administrative fine to a railway company, railway infrastructure manager and the holder, in the event of an offence under sections 214 and 215.
§ 2. A staff member referred to in Article 213, § 1^er, prepare a report in the event of an offence under sections 214 and 215.
The report is dated and mentions at least:
1° the name of the alleged offender;
2° the offence;
3° the place, date and time of the finding of the offence.
The report is immediately forwarded to the direction of the security authority.
A copy of the report is sent to the alleged offender at the latest upon notification of intent to make an administrative fine.
§ 3. Management shall inform the alleged offender within fifteen days of the date of the report of the intention to impose an administrative fine. Management may extend this period if it considers it necessary for the exercise of the duties and competencies of the security authority. In addition, management may extend this period if it gives the alleged offender a time limit to terminate the offence.
The notification is made by registered mail or in the manner determined by the King, and mentions in penalty of nullity the amount envisaged by the administrative fine, and the name of the alleged offender.
This notification can only relate to facts that would have been committed less than five years before the shipment of the recommended fold.
§ 4. The alleged offender is invited to communicate his defence in writing within 30 days of notification of this notice. If the alleged offender does not have a seat in Belgium, this period is extended by fifteen days.
The alleged offender is also informed:
1° that it may, upon request, consult the documents that are on the basis of the intention to impose an administrative fine and obtain copies thereof;
2° he can comment orally on his written defence. For this purpose, the alleged offender shall submit a written request to the security authority within thirty days of receipt of the notification.
The alleged offender may be assisted or represented by a lawyer, and may call witnesses.
If the alleged offender is of the opinion that he does not have sufficient time for his defence, he or she may apply to the security authority for reasons within fifteen days. If the security authority does not rule in this matter within forty-five days, the application is deemed to be accepted. The period referred to in § 6 shall be suspended for the duration of the extension of the period referred to in this paragraph.
The security authority is loyal and impartial in the collection and communication of evidence and evidence on defence.
§ 5. When an administrative fine is imposed, the amount of the fine is adapted to the seriousness of the offence and to the extent to which it may be charged to the offender. In addition, the frequency of the offence and the circumstances under which the alleged offender committed the offence is taken into account.
If at the time of the decision to impose an administrative fine, the facts are no longer an offence within the meaning of sections 214 and 215, the administrative fine will not be imposed.
The first two paragraphs of this paragraph shall apply in the case of an appeal referred to in section 221/3.
§ 6. The right of the security authority to impose an administrative fine expires two years after the notification of the security authority referred to in § 3.
Art. 77. The security authority carries out its tasks in an open, non-discriminatory and transparent manner. In particular, it allows all parties to be heard and indicates the reasons for its decisions.
It responds quickly to requests and requests for information and adopts all decisions within four months after all requested information has been provided. The King may in special cases reduce this period.
The tasks referred to in section 74 may not be transferred or transferred to a railway infrastructure manager, railway company or procuring entity.
In carrying out the tasks referred to in section 74, 1° to 8°, 14° and 15°, it may at any time require the technical assistance of the railway infrastructure manager, railway companies or other qualified bodies chosen by the security authority.
When necessary in the context of the tasks referred to in Article 74, 1°, 2°, 4°, 6° and 14° the members of the security authority or the persons mandated by it, charge the manager of the railway infrastructure to take the appropriate measures to ensure the safety of railway traffic according to the operations to be carried out. These measures may include the prohibition of rail traffic to one or more tracks.
The security authority and the infrastructure manager conclude a protocol on the measures referred to in paragraph 5.
The security authority cooperates with the security authorities of other Member States. In particular, cooperation aims to facilitate and coordinate the safety certification of railway companies that have obtained international links in accordance with the procedure provided for in Article 34.
Section 3. Annual report
Art. 78. Each year, the security authority publishes a report on its previous year's activities and forwards it to the Agency no later than September 30. The report contains information on:
(a) the evolution of railway safety, including an inventory of common safety indicators defined in Annex 4;
(b) significant changes in railway safety legislation and regulations;
(c) the evolution of safety certification and accreditation;
(d) the results of the controls carried out with the railway infrastructure manager and railway companies and the lessons learned, including on the basis of the reports referred to in section 93;
(e) derogations that have been decided in accordance with Article 109;
f) the application of safety methods common to risk analysis and assessment.
The King may determine a reporting model that the railway infrastructure manager and railway companies will need to use and provide for additional content.
Section 4. - Compensation of benefits
Art. 79. § 1^er. The applicant for the authorization referred to in section 74, 1° and 3° shall be liable, as a contribution to the examination fees of the security authority, for a royalty related to the cost of the examination.
The royalty referred to in paragraph 1^er, for the service requested to the security authority, is calculated by half-day initiated.
The half-day allowance is 375 euros and is indexed.
§ 2. The applicant for the authorization referred to in section 74, 1° or 3° shall be liable, as an interest in the administrative costs of the security authority, for a royalty indexed for the granting of that authorization.
The royalty referred to in paragraph 1^er is set at 750 euros.
§ 3. In case of non-payment of the royalties referred to in §§ 1^er and 2, the authorization is withdrawn after a stay.
Art. 80. § 1^er. The railway infrastructure manager and railway companies are responsible, as a contribution to the administrative costs of the security authority, for the certification provided for in section 74, 9° and 11° by staff member who has a licence on the date of 1^er January of the current year, an annual fee indexed.
The royalty referred to in paragraph 1^er is set at 20 euros.
In case of non-payment of the royalty referred to in paragraph 1^er, the licence of the staff concerned is no longer valid.
§ 2. The applicant is liable, as an interest in the administrative costs of the security authority, for the tasks referred to in Article 142, § 1^er1°, a royalty indexed.
The royalty referred to in paragraph 1^er is set at 100 euros for the initial grant, including the updating and modification of the licences.
The royalty referred to in paragraph 1^er is set at 100 euros for renewal, including updating and amending the licences.
The royalty referred to in paragraph 1^er is set at 40 euros for the issue of duplicates.
§ 3. Persons or organizations, referred to in Article 142, § 1^er, 4°, are liable, as a contribution to the costs of the examination of the file by the security authority, of an indexed fee.
The royalty referred to in paragraph 1^er is set at 2,000 euros for railway companies that form their own personnel.
The royalty referred to in paragraph 1^er is set at 2.500 euros for railway companies that form their personnel and third parties.
The royalty referred to in paragraph 1^er is set at 2.500 euros for other companies or organizations.
The royalty referred to in paragraph 1^er is set at 50 euros for the initial grant, including the update, of recognition as an examiner by the security authority, with the exception of examiners recognized by the training centres.
§ 4. Persons or organizations, referred to in Article 142, § 1^er, 9°, are liable, as a contribution to the costs of the examination of the file by the security authority, of an indexed fee.
The royalty referred to in paragraph 1^er is set at 2.000 euros for one person and 2.500 euros for one organization.
Art. 81. § 1^er. The holder of a vehicle listed in the national vehicle register on the date of 1^er January of the current year is liable, as a contribution to the security authority's fees, for an annual fee indexed for that vehicle.
The royalty referred to in paragraph 1^er is set at 2 euros.
§ 2. In case of non-payment of royalties, the vehicle is removed from the registry.
Royalties are not refunded when the registration is withdrawn or when the use of the equipment is stopped.
Art. 82. The applicant for an audit of the effectiveness of the ferre rolling stock braking system as provided for in Chapter II of the Royal Decree of 15 September 1976 regulating the police of the transport of persons by tram, pre-metro, metro, bus and coach, is liable, as a contribution to the control costs of the security authority, for an indexed fee.
The royalty referred to in paragraph 1^er is set at 280 euros.
Art. 83. § 1^er. The applicant for a control referred to in section 107, paragraph 2, shall be liable, as an interest in the control of the security authority, for an indexed fee.
The royalty referred to in paragraph 1^er is set at 2,000 euros.
§ 2. Compliance with the requirements referred to in section 107, paragraph 2, is referred to in the security clearance for the railway infrastructure manager or in the security certificate for the railway undertaking as soon as the payment of the royalty referred to in § 1^er is carried out.
Art. 84. § 1^er. Every year at 1^er January, the royalties referred to in sections 79 to 83 included are adapted to the health index according to the following formula: the basic amount as fixed in these articles, multiplied by the new index and divided by the starting index.
The new index is the November health index of the year preceding the year in which the amounts will be adjusted in accordance with paragraph 1^er.
The starting index is the health index of November 2009.
The result obtained is rounded to the upper euro if the decimal part is greater than or equal to fifty cents. It is to the lower euro if this part is less than fifty cents.
§ 2. The royalties referred to in sections 79 to 83 inclusive are paid to the Federal Public Service Mobility and Transport, no later than thirty days after the date of the invitation to pay and following the instructions in this invitation.
§ 3. In the case of the royalty referred to in Article 80, § 3, the period referred to in Article 77, paragraph 2, shall commence at the date of receipt of the payment and provided that the file is complete.
Art. 85. § 1^er. It is due by the applicant of a security certificate, Part A or Part B, for participation in the costs of the examination of the file by the security authority, an indexed fee.
The royalty referred to in paragraph 1^er is fixed at 5.000 euros for the applicant of a security certificate part A.
The royalty referred to in paragraph 1^er is set at 2.000 euros for the applicant of a security certificate Part B that carries out, on an annual basis, less than 200 million passengers-kilometers.
The royalty referred to in paragraph 1^er is set at 10,000 euros for the applicant of a security certificate Part B that carries out, on an annual basis, 200 million or more travellers.
The royalty referred to in paragraph 1^er is set at 2.000 euros for the applicant of a Part B security certificate that carries out, on an annual basis, less than 500 million tons-kilometers of freight transport.
The royalty referred to in paragraph 1^er is set at 10,000 euros for the applicant of a security certificate Part B that carries out, on an annual basis, 500 million tons-kilometers or more transport of goods.
For the applicant of a Part B security certificate that carries both passengers and goods, the amounts of application on the basis of paragraphs 3 to 6 are added.
§ 2. It is due by the applicant for security clearance, for participation in the costs of the examination of the file by the security authority, an indexed fee.
The royalty referred to in paragraph 1^er is set at 25.000 euros.
§ 3. The amount of royalties referred to in § 1^er and 2 is linked to the November 2009 Health Index. For the following years, the total amount is adjusted annually on the basis of the November health index of the year preceding the year in question.
Royalties are paid to the Federal Public Service Mobility and Transport, no later than 30 days after the invoice date and following the instructions in this invoice.
Royalties shall not be refunded in the event of withdrawal of the security certificate Part A, the security certificate Part B or the security certificate, or in the event of termination of the activity covered by these certificates or such approval.
Art. 86. § 1^er. It is due by the holder of a security clearance and by the holders of a Part B security certificate who use the network, for participation in the costs of control, by the security authority, the safety of rail transport and the development of regulations, an annual fee.
The King sets the amount by deliberate order in the Council of Ministers.
A quarter of the annual amount is due per quarter.
The fee is distributed between the holder of a security clearance and the holders of a security certificate Part B.
The share of a security clearance holder is thirty percent of the total amount.
The share of holders of a security certificate Part B is seventy percent of the total amount. This share is distributed among the holders in proportion to the number of train-kilometers they preceded over the quarter fenced three months before the quarter concerned by the royalty. The train-kilometers, presumed by each holder of a Part B Safety Certificate, are communicated by the holder of the security clearance to the Federal Public Service Mobility and Transport immediately after the closing of each quarter.
§ 2. In case of non-payment, security clearance or security certificate may be suspended.
Art. 87. § 1^er. It is due by the holder of a security clearance and by the holders of a Part B security certificate who use the network, for participation in the recovery of the costs of the investigative body for accident investigations and for the general level of safety, an annual fee.
§ 2. The King sets the amount by deliberate order in the Council of Ministers.
A quarter of the annual amount is due per quarter.
§ 3. The fee is distributed between the holder of a security clearance and the holders of a security certificate Part B.
The share of a security clearance holder is thirty percent of the total amount.
The share of holders of a security certificate Part B is seventy percent of the total amount.
The share of the holders of a Part B security certificate is divided among the holders in proportion to the number of train-kilometers they prested over the quarter fenced three months before the quarter concerned by the royalty. The train-kilometers, presumed by each holder of a Part B Safety Certificate, are communicated by the holder of the security clearance to the Federal Public Service Mobility and Transport immediately after the closing of each quarter.
§ 4. In case of non-payment, security clearance or security certificate may be suspended.
Art. 88. § 1^er. The holder of the security clearance and the holders of a security certificate Part B shall pay the royalties referred to in sections 86 and 87 to the Federal Public Service Mobility and Transport at the beginning of the quarter, no later than thirty days after the invoice date and following the instructions in that invoice.
§ 2. In case of non-payment, security clearance or security certificate may be suspended.
CHAPTER 3. - Security management systems
Art. 89. The railway infrastructure manager and railway companies establish their safety management system in accordance with the common safety objectives, the safety rules referred to in section 68, and the safety requirements defined in ITS, and the relevant elements of common safety methods.
Art. 90. The safety management system complies with the safety rules referred to in section 68 and the safety requirements defined in the ITS and contains the elements defined in Schedule 5, adapted to the nature, importance and other characteristics of the activity being carried out. It guarantees the control of all risks created by the activities of the railway infrastructure manager or railway company, including the provision of maintenance and equipment and the use of contractors. Without prejudice to national and international liability legislation, the security management system also takes into account, as appropriate and within reasonable terms, the risks resulting from the activities of other parties
Art. 91. The safety management system of the railway infrastructure manager takes into account the effects of the activities of the various railway companies on the network and includes provisions allowing all railway companies to operate in accordance with ITS, safety rules and conditions set out in their safety certificate. In addition, it is designed to coordinate the emergency procedures of the railway infrastructure manager with all railway companies that use its infrastructure.
Art. 92. Each year, before June 30, the railway infrastructure manager and all railway companies submit a safety report to the security authority for the previous calendar year. The security report contains:
(a) information on how the railway infrastructure manager or railway company achieves its own safety objectives and the results of security plans;
(b) the development of national security indicators and common security indicators as defined in Annex 4, to the extent that they are relevant to the reporting organization;
(c) results of internal security audits;
(d) observations on the deficiencies and malfunctions of railway operations and infrastructure management that may be of interest to the security authority.
The King may determine a reporting model that the railway infrastructure manager and railway companies will need to use and provide for additional content.
Art. 93. § 1^er. In the event of a serious accident, the railway infrastructure manager immediately informs the investigative body, the Minister, the security authority and the judicial authorities.
In addition, the railway infrastructure manager, the railway company and, where applicable, the security authority shall immediately transmit information on the occurrence of an event described in Schedule 7 to the investigative body.
The terms and conditions of communication to the investigative body of the information referred to in paragraphs 1^er and 2 are determined by the latter and published.
§ 2. The railway infrastructure manager sends each day to the investigative body, in accordance with the terms and conditions determined by the investigative body, the brief relationship of all events that, first of all, constitute one or more accidents and incidents involving or influencing the safety of the operation, which occurred on the railway network for the last twenty-four hours.
§ 3. Each accident and incident of operation or affecting it shall be classified according to the criteria determined by the King and shall be the subject of a record of which a copy shall be sent by the manager of the railway infrastructure and/or, if any, the railway undertaking within three working days to the investigative body, in accordance with the terms determined by the latter. Corrections, revisions and/or additional information not available within three days must be provided to the investigative body, as determined by the investigative body, as soon as they become available.
The railway infrastructure manager and the railway company comply with the criteria established by the King at the time of their reporting.
§ 4. The railway infrastructure manager and/or, where applicable, the railway company shall forward to the investigative body as soon as possible and, to the extent possible, no later than 10 months after the date of occurrence, their full investigation report on the events described in Annex 7 for which the investigative body has initiated an investigation. The railway infrastructure manager and/or, where applicable, the railway company shall, upon request of the investigative body, transmit the investigation reports relating to other events.
§ 5. Each year, before June 30, the railway infrastructure manager and all railway companies submit an annual safety report to the investigative body and the security authority for the previous calendar year. The security report contains:
(a) information on how the railway infrastructure manager or railway company achieves its own safety objectives and the results of security plans;
(b) the development of national security indicators and common security indicators as defined in Annex I, to the extent that they are relevant to the reporting organization;
(c) results of internal security audits;
(d) observations on the deficiencies and malfunctions of railway operations and infrastructure management that may be of interest to the security authority.
The King may determine a reporting model that the railway infrastructure manager and railway companies will need to use and provide for additional content.
Art. 94. Without prejudice to the civil liability established in accordance with the legal requirements, the manager of the railway infrastructure and each railway company is responsible for its part of the railway system and for the safe operation of the railway system, including the provision of equipment and the subcontracting of services vis-à-vis users, customers, workers concerned and third parties.
These provisions do not affect the responsibility of each manufacturer, each maintenance service provider, each holder, each service provider and each acquirer entity to deliver rolling stock, facilities, accessories and equipment and services in accordance with the prescribed requirements and conditions of use, so that they can be safely operated by railway companies and/or the railway infrastructure manager.
CHAPTER 4. - Accreditation and security certificate
Section 1^re. - Rail Infrastructure Manager security clearance
Art. 95. § 1^er. In order to manage and operate the railway infrastructure, the railway infrastructure manager must have a security clearance issued by the security authority.
§ 2. The security clearance includes:
(a) confirmation that the safety management system of the railway infrastructure manager, as described in section 91 and Appendix 5, is accepted;
(b) confirmation of the acceptance of the provisions made by the railway infrastructure manager to meet the specific requirements required to ensure the safety of railway infrastructure at the design, maintenance and operation levels, including, where appropriate, the maintenance and operation of the traffic and signalling control system.
Art. 96. The security clearance is valid for five years and is renewable at the request of the railway infrastructure manager. It is updated in whole or in part to each substantial change in infrastructure, signalling, energy supply or principles applicable to its operation and maintenance. The security clearance holder shall promptly inform the security authority of any such modification.
The security authority may require a review of the security clearance in the event of a substantial change in the rules referred to in Article 68, §§ 1^er and 2.
If a certified railway infrastructure manager no longer meets the requirements for obtaining a security clearance, the approval may be withdrawn.
Art. 97. The security authority shall notify the Agency within one month of the issuance, renewal, modification or withdrawal of the security clearance. The notification refers to the name and address of the railway infrastructure manager, the date of issue, the area of application and the validity of security clearances and, in the event of withdrawal, the reasons for its decision.
Art. 98. The King sets out, by a deliberate order in the Council of Ministers, the terms of application, issue, update, extension or withdrawal of security clearance.
Section 2. - Rail Safety Certificate
Art. 99. § 1^er. In order to be able to access the railway infrastructure, a railway company must, in particular, have a safety certificate, in accordance with this section. The safety certificate demonstrates that the railway company has established its security management system and is able to meet the requirements set out in ITS, other relevant provisions of European law as well as safety rules, in order to control risks and use the network safely. The security certificate can cover the entire Belgian railway network or only a specified part of it.
§ 2. The security certificate includes two parts:
a) a certification confirming acceptance of the railway safety management system;
(b) a certification confirming acceptance of the measures taken by the railway company in order to meet the specific requirements necessary for the provision of its services to the network concerned safely.
The requirements may relate to the application of ITS and safety rules, including the operating rules of the network, the acceptance of documents recognizing the certification of personnel, including the licences and certifications of train drivers, and the authorization to operate vehicles used by railways.
Art. 100. The certification granted to the railway company established in Belgium by the security authority, in accordance with Article 99, § 2 (a) specifies the type and scope of the covered railway activities. The certification granted in accordance with Article 99, § 2 (a) is valid throughout the European Union for equivalent rail transport activities.
Art. 101. The railway company established in Belgium or in another country of the European Union that plans to operate railway transport services on the Belgian network must have received from the security authority the additional national certification required under Article 99, § 2, b).
The certification granted in accordance with Article 99, § 2 (b) specifies the lines of the network on which it is valid.
Art. 102. The security certificate is valid for three years and may be renewed. It is updated in whole or in part to each substantial modification of the type or scope of the activities.
The holder of the security certificate shall promptly inform the security authority of all significant changes to the conditions of the party concerned of the security certificate. It further informs the security authority of the engagement of new categories of personnel or the acquisition of new types of rolling stock.
The security authority may require a review of the party concerned of the security certificate in the event of a substantial change in the rules referred to in Article 68, §§ 1^er 3.
When the security certificate holder no longer meets the requirements, Part (a) and/or (b) of the certificate shall be withdrawn. In the event of a withdrawal of Part (b), the security authority that issued Part (a) of the certificate must be immediately informed.
When it appears that the holder of the security certificate who holds the security certificate did not use it for the year following its issuance, the certificate is withdrawn.
Art. 103. The King sets out by a deliberate order in the Council of Ministers the modalities for the application, examination, issuance, renewal and withdrawal of the security certificate.
Art. 104. The security authority shall notify the Agency within one month of the issuance, renewal, modification or withdrawal of security certificates referred to in section 99. The notification mentions the name and address of railway companies, the date of issue, the area of application and the validity of the security certificate and, in the event of withdrawal, the reasons for the decision.
CHAPTER 5. - Maintenance of vehicles
Art. 105. Each vehicle, before it is put into service or used on the network, is assigned by the holder a maintenance entity. This entity is included in the NVR.
The maintenance entity may, among other things, be a railway company, a railway infrastructure manager or a holder.
Art. 106. Regardless of the responsibility of railway companies and the railway infrastructure manager for the operation of a safe train under section 94, the maintenance entity shall, by means of a maintenance system, ensure that the vehicles of which it maintains are in a safe state of operation.
To this end, the maintenance entity shall ensure that vehicles are maintained in accordance with:
1° to the car maintenance note and;
2° to existing requirements including maintenance rules and ITS provisions.
The maintenance entity performs the maintenance itself or the subcontract.
Art. 107. In the case of freight cars, each maintenance entity must be certified by an accredited body in accordance with the procedure provided for in the Royal Decree of 31 January 2006 establishing the BELAC accreditation system for conformity assessment bodies.
Derogation from paragraph 1^erwhere the maintenance entity is a railway company or a railway infrastructure manager, compliance with the requirements set out in Commission Regulation (EU) No. 445/2011 of 10 May 2011 concerning a certification system for the cargo car maintenance entities and amending Regulation (EC) No. 653/2007 is controlled by the security authority in accordance with the procedures set out in Part 4, Chapter 4. Compliance with these requirements is confirmed as part of the security clearance for the railway infrastructure manager and as part of the railway safety certificate.
Art. 108. The certificates issued by other Member States in accordance with Directive 2004/49/EC of the European Parliament and the Council of 29 April 2004 concerning the safety of community railways and amending Council Directive 95/18/EC on the licences of railway companies, as well as Directive 2001/14/EC on the distribution of railway infrastructure capacities, the pricing of railway infrastructure and the security certification (guide on railway security) are valid on the Belgian territory.
Art. 109. The King may decide that the obligations for the identification and certification of the maintenance entity will be carried out by alternative measures, in the following cases:
1° vehicles registered in a third country and maintained in accordance with the law of that country;
2° vehicles used on railway networks or lines whose lanes are different from that of the main railway network in the Union and for which compliance with the requirements of section 106, paragraph 1^er2°, is provided by international agreements with third countries;
3° vehicles referred to in Article 2 as well as special transport or military equipment requiring the issuance of an ad hoc permit by the national security authority prior to commissioning. In this case, exemptions are granted for maximum periods of five years.
These other requirements are implemented through exemptions granted by the security authority:
1° when the vehicle is registered, with respect to the identification of the maintenance entity;
2° when the approval and security certificates are issued to railway companies and infrastructure managers, with respect to the identification or certification of the maintenance entity.
The exemptions referred to in paragraph 2 are identified and justified in the annual safety report referred to in section 78.
CHAPTER 6. - Investigations for rail accidents and incidents
Section 1^re. - Designation of an investigative body
Art. 110. The King designates by a deliberate decree in the Council of Ministers the investigative body.
The investigative body includes at least one investigator capable of performing the primary investigator function in the event of an accident, serious accident or incident. It is also functionally independent of the security authority, any railway regulatory body or any other proceeding whose interests may conflict with the investigative mission.
Members of the investigative body are subject to professional secrecy as to the information obtained in carrying out their duties referred to in section 2; any violation of professional secrecy shall be punished by the penalties provided for in article 458 of the Criminal Code.
The King determines by a deliberate decree in the Council of Ministers the composition of the investigative body and the modalities for the execution of the missions entrusted to him.
Section 2. - Tasks
Art. 111. § 1^er. The investigative body:
1° conducts an investigation after each serious accident on the railway system;
2° in addition to serious accidents, may carry out investigations of accidents and incidents which, in slightly different circumstances, could have led to serious accidents, including technical failures at the level of structural subsystems or components of the interoperability of the high-speed or conventional railway system. Where applicable, it shall take into account the criteria determined by the King;
3° may analyze each accident and incident of operation or affecting it not referred to in paragraph 1^erin accordance with the criteria and terms established by the King;
4° establishes and maintains a data bank of all accidents and operating incidents to which the security authority has access;
5° imposes administrative fines.
§ 2. The King determines the model of the legitimation card which is presented during the realization of the tasks referred to in § 1^er.
Art. 112. § 1^er. The investigative body may impose an administrative fine on a railway company and the railway infrastructure manager in the event of an offence under section 214, paragraph 1^er30 degrees.
§ 2. Where the investigative body wishes to use the jurisdiction referred to in § 1^er, the chief investigator writes a report.
The report is dated and mentions at least:
1° the name of the alleged offender;
2° the offence.
A copy of the report is sent to the alleged offender at the latest upon notification of intent to make an administrative fine.
§ 3. The Principal Investigator shall inform the alleged offender within five days of the date of the intent report to impose an administrative fine.
The principal investigator may extend this period if he gives the alleged offender a time limit to terminate the offence.
The notification shall be made by registered mail or in the manner determined by the King, and shall mention under penalty of nullity the amount envisaged by the administrative fine and the name of the alleged offender
This notification can only relate to facts that would have been committed less than a year before sending the recommended fold.
§ 4. The alleged offender is invited to communicate his defence in writing within fifteen days of notification of this notice. If the alleged offender does not have a seat in Belgium, this period is extended by five days.
The alleged offender is also informed:
1° that it may, upon request, consult the documents that are on the basis of the intention to impose an administrative fine and obtain copies thereof;
2° he can comment orally on his written defence. For this purpose, the alleged offender shall submit a written request to the principal investigator within ten days of receipt of the notification.
The alleged offender may be assisted or represented by a lawyer, and may call witnesses.
If the alleged offender is of the opinion that he does not have sufficient time for his defence, he or she may make a reasoned request to the principal investigator, who decides on the matter within five days. If the Principal Investigator does not rule in this matter within thirty days, the application is deemed to be accepted. The period referred to in § 6 shall be suspended for the duration of the extension of the period referred to in this paragraph.
§ 5. The primary investigator is loyal and impartial in the collection and communication of evidence and evidence on defence.
§ 6. When an administrative fine is imposed, the amount of the fine is adapted to the seriousness of the offence and to the extent to which it may be charged to the offender. In addition, the frequency of the offence and the circumstances under which the alleged offender committed the offence is taken into account.
If at the time of the decision to impose an administrative fine, the facts are no longer an offence within the meaning of sections 214 and 215, the administrative fine will not be imposed.
The first two paragraphs of this paragraph shall apply in the case of an appeal referred to in section 221/3.
§ 7. The right of the investigative body to impose an administrative fine expires two years after the notification of the investigative body referred to in § 3.
Section 3. - Powers
Art. 113. Without prejudice to the competence of the police and judicial authorities and, where appropriate, in collaboration with the judicial authorities, the investigative body has as soon as possible:
(a) access to the site of the accident or incident as well as the associated rolling stock, the relevant infrastructure and traffic signalling and management facilities;
(b) the right to immediately obtain a list of evidence and to ensure the controlled removal of wrecks, installations or infrastructure elements for review or analysis;
(c) access to the content of the verbal message recorders, the content of the recordings of the instrument equipment and the recording of the operation of the traffic signalling and control system, as well as the possibility of using it;
(d) access to the results of the review of the body of victims;
(e) access to the results of the flight crew review and other rail personnel involved in the accident or incident;
(f) the possibility of interrogating the rail personnel involved and other witnesses and the right to obtain a copy of the statements made by these persons to other instances;
(g) access to any relevant information or document held by the SNCB-Holding, the railway infrastructure manager, the railway companies involved and the security authority.
Art. 114. The investigative body, together with the investigative bodies of the other EU Member States, is engaged in an exchange of views and experiences for the development of common investigative methods and common principles for the monitoring of safety and adaptation recommendations to scientific and technical progress.
Section 4. - Investigation
Art. 115. When an accident or incident occurred near a border facility in Belgium or when it is not possible to determine in which Member State of the European Union the accident or incident occurred, and this could be in Belgium, the investigative body works with its counterparts in order to determine the body that will conduct the investigation or agree to cooperate. When the Belgian investigative body is designated, it lets the other bodies concerned participate in the investigation and have access to all the results of the investigation.
The investigative bodies of another Member State of the European Union are invited to participate in an investigation whenever a railway company established and licensed by that Member State is involved in the accident or incident.
Art. 116. The investigation is conducted in a manner that allows all parties to be heard and, where appropriate, by sharing results with other investigative bodies. The railway infrastructure manager, the railway companies concerned, the security authority, the victims and their relatives, the owners of damaged goods, the manufacturers, emergency services and the personnel involved in the serious accident, the accident or incident, and the users are informed at regular intervals of the investigation and its progress and, to the extent possible, have the opportunity to report their views as part of the investigation and its progress However, the elements of the current judicial information and instruction cannot be disclosed without the authorization of the judicial authorities.
When evidence is found by the investigative body that the cause of the accident or incident referred to in section 111 is an offence, the investigative body shall immediately notify the police and judicial authorities.
Art. 117. For each accident or incident referred to in section 111, the body responsible for the investigation shall make the necessary arrangements. This includes the operational and technical expertise required to conduct the investigation. These skills may be solicited within or outside the organization, depending on the nature of the accident or incident on which it must investigate.
Art. 118. The investigative body concludes its reviews on the accident site as soon as possible in order to allow the railway infrastructure manager to rehabilitate the infrastructure and to open it to railway services as soon as possible.
Art. 119. The investigation is carried out independently of any information and judicial instruction and cannot in any case relate to the determination of fault or responsibility. The judicial authorities endeavour to allow the investigative body to perform its tasks.
Section 5. - Conclusions and reports
Art. 120. Each investigation of an accident or incident referred to in section 111 is the subject of a report in an appropriate form to the type and severity of the accident or incident and to the importance of the results of the investigation and the content of which is determined in Appendix 6. This report sets out the purpose of the investigation and contains, if necessary, safety recommendations.
The investigative body publishes the final report as soon as possible and normally no later than 12 months after the date of the event. The structure of the report is as close as possible to the structure defined in Appendix 6. The report, including security recommendations, is communicated to the parties concerned under Article 116, as well as to the parties and organizations interested in other EU Member States.
Art. 121. Each year, the investigative body shall prepare, by 30 September, an annual report that shall report on the previous year's investigations, the safety recommendations that have been made and the actions that have been taken as a result of the previous recommendations.
Art. 122. § 1^er. The safety recommendations made by the investigative body are addressed to the security authority and, if necessary because of the nature of the recommendation, to other Belgian authorities or other member states. They do not constitute a presumption of fault or responsibility.
§ 2. The security authority and other authorities or organizations to which recommendations have been made, report at least once a year, by 30 June, to the investigative body on the measures taken or planned as a result of these recommendations.
Section 6. - European Concert
Art. 123. Within one week of its decision to initiate an investigation, the investigative body shall inform the Agency. The notification indicates the date, time and location of the accident or incident, as well as its type and consequences in terms of human losses, injured persons and property damage.
Art. 124. The investigative body shall transmit to the Agency a copy of the final report referred to in section 120 and the annual report referred to in section 121.
PART 5. - Certification of train drivers and other on-board personnel performing critical safety tasks
CHAPTER 1^er. - Certification of train drivers
Section 1^re. - European certification model
Art. 125. Every train operator must have the appropriate skills and qualifications to conduct trains and be licensed and certified.
Certificates may be contained in a single document.
Section 2. - Train Driver Licence
Art. 126. The licence belongs to the licensee and is issued by the security authority.
The licence is valid throughout the territory of the European Union.
Each train driver's licence shall indicate the identity of the train operator, the issuing authority and the duration of its validity, which is ten years from the date of issue, subject to section 129.
Art. 127. A train driver's licence may only be issued to a person who is twenty years old.
Derogation from paragraph 1^er, the train driver's licence may be issued to a person up to 18 years of age but the validity of such a licence is limited to Belgian territory.
The train driver candidate successfully completed at least nine years of primary and secondary education and completed a basic training equivalent to level 3, as set out in annex 2 to the recommendation of the European Parliament and the Council of 23 April 2008 establishing the European framework for certifications for education and training throughout life.
The train operator candidate demonstrates his physical fitness by completing a medical examination. The King determines the criteria for recognition of persons or bodies responsible for medical examination and the terms and conditions of this medical examination. These terms meet at least the criteria set out in Annex 8, 1.1, 1.2, 1.3 and 2.1.
The train-driver candidate demonstrates his professional psychological fitness by completing a professional psychological examination. The King determines the criteria for recognition of persons or bodies responsible for psychological examination at the professional level and the modalities of this examination. These terms meet at least the criteria set out in Annex 8, 2.2.
The King shall determine the rules for the application and issue of recognition of the persons or bodies responsible for the examination referred to in paragraphs 4 and 5 of this article and the rules for the renewal, adaptation, withdrawal or suspension of recognition.
The train operator candidate demonstrates his general professional knowledge by completing a examination. The King shall determine the terms and conditions of this examination that relate to the general substances described in Annex 10. The King determines general professional knowledge.
Art. 128. Any application for a train conductor licence shall be filed with the security authority by the train operator candidate or by an entity acting on behalf of and on behalf of the train operator candidate.
The security authority shall issue the train driver's licence as soon as possible and no later than one month after receiving all necessary documents.
A train driver's license is issued in a single copy and it is forbidden to duplicate it. Only the security authority is authorized to duplicate a train driver's licence in response to a duplicate application.
The King determines the procedure to be followed for the issuance of a new train driver's licence, the update of the data on the train driver's licence, the extension, renewal or the receipt of a duplicate.
Art. 129. In order for a train driver's licence to remain valid, the licensee shall conduct a continuing training referred to in Appendix 5, 2.1.(e) and submit to periodic examinations and/or inspections relating to the requirements set out in section 127, paragraph 4, every three years at least up to the age of 55, and thereafter every year in accordance with Annex 8, 3.1. It is also subject to reviews and/or controls relating to the requirements set out in section 127, paragraph 5, every ten years, in accordance with Annex 8, 3.3. The King may determine the procedure for these periodic reviews and/or controls. It can also increase its frequency.
These examinations and/or inspections, as well as examinations referred to in section 127, paragraphs 4 and 5, shall be carried out by or under the supervision of a person or body recognized by the security authority in accordance with section 142, 9°.
During the renewal of a train driver's licence, the security authority shall verify in the register provided for in section 132, § 1^er1°, that the driver has undergone the tests and/or controls referred to in paragraph 1^er and followed the training referred to in paragraph 1^er.
If a person fails to perform a periodic audit or obtains a negative result, the procedure provided for in section 141 applies.
Art. 130. When a train operator ceases to work for a railway company or the railway infrastructure manager, the railway operator shall promptly inform the security authority.
The train driver's licence remains valid as long as it is satisfied with the examinations and/or controls provided for in section 129, paragraph 1^er.
Art. 131. The train driver's license is either suspended or withdrawn in the assumptions referred to in section 141, § 1^er, and in article 221, § 4, 1 and 2°.
Art. 132. § 1^er. The security authority:
1° keeps a record of all licences issued, updated, renewed, extended, amended, expired, suspended, withdrawn or declared lost, stolen or destroyed. This register contains the data of each train driver's license, which must be accessible by means of the national number assigned to each driver. It is updated regularly;
2° shall provide information on the status of such licences to the competent authorities of the other Member States, the Agency or any employer of train operators, including, for the purposes of section 147, the previous employer of the train operator.
§ 2. Each train conductor has access to the relevant data that is stored in the security authority's registry and obtains a copy of the data on the train operator's request.
§ 3. The security authority cooperates with the Agency to ensure the interoperability of the registry provided for in § 1^er.
§ 4. The security authority shall ensure that the register it created under § 1^er be used exclusively for the following purposes:
1° the maintenance of the elements of fact and law relating to the issue, update, renewal, extension, modification, expiry, suspension, withdrawal, loss, theft and destruction of all licences for the conductor of the train;
2° the keeping of personal data determined by the King, which are necessary to achieve the objective referred to in 1°.
When the security authority intervenes in accordance with the provisions of this section, all provisions of the Act of 8 December 1992 relating to the protection of privacy in respect of personal data processing, unless this Rail Code derogates from them, shall be complied with.
§ 5. The King shall make the necessary arrangements to avoid the risk of alteration of the contents of the registry referred to in this section.
Section 3. - Attestation
Art. 133. In all cases, each railway company and the railway infrastructure manager are responsible for the level of training and qualification of their personnel performing security-related tasks, as indicated in section 90 and Appendix 5.
Art. 134. The certificate is issued by the railway company or the railway infrastructure manager who employs or has contracted with the driver.
The certificate belongs to the company or railway infrastructure manager. However, drivers can obtain a certified true copy.
The attestation is valid only for the infrastructure and rolling stock indicated therein.
Each certification indicates the infrastructure on which the licensee is authorized to operate.
Each certification indicates the rolling stock that the licensee is authorized to operate.
Attestation permits conduct in one or more categories of:
1° Category A: manoeuvring locomotives, work trains, maintenance railways and all other locomotives used to perform manoeuvring;
2° category B: transport of persons and/or goods.
A certificate may contain an authorization for all categories, covering all European codes for the different types of categories A and B referred to above.
By derogation from section 125, a railway company may exempt a train conductor from the requirement to hold a valid certificate for the infrastructure concerned, provided that another train conductor, with such a certificate and the language knowledge required to be able to communicate with the driver provided, shall be held alongside the driver provided during the conduct, and only in the exceptional cases listed below:
1° where the railway infrastructure manager finds that a disruption of the railway service requires to deflect trains or maintain track;
2° for unique exceptional services for which historic trains are used;
3° for unique exceptional freight transport services, with the agreement of the railway infrastructure manager;
4° for the delivery or demonstration of a new train or locomotive;
5° for training and examination of train drivers.
The decision to use this option cannot be imposed by the railway infrastructure manager or by the security authority.
Whenever an additional driver is used as provided above, the railway infrastructure manager is informed of this in advance.
Art. 135. A certificate is issued only to the holder of a train driver's licence.
The certificate holder complies with the language conditions specified by the railway infrastructure manager following the location of the infrastructure for which the attestation is requested. The King determines the manner in which the holder of the certificate must meet these language conditions, provided that they include at least the knowledge referred to in Schedule 12, 8.
The train driver has passed a review of his/her knowledge and professional skills related to the infrastructure for which the attestation is requested and his/her language knowledge.
The train driver has successfully completed a review of his/her professional knowledge and skills related to vehicles for which the certification is requested.
The King shall determine the subjects whose examinations referred to in paragraphs 3 and 4 of this article shall verify control. These substances shall include at least those listed in annexes 11 and 12.
The King shall determine the specific professional knowledge referred to in paragraphs 3 and 4 of this article.
The railway company or railway infrastructure manager shall provide train operator training with respect to its safety management system.
Art. 136. Each railway company and the railway infrastructure manager shall establish their own procedures for issuing and updating certificates in accordance with this Rail Code and its Implementing Orders and include them in their safety management system, as well as procedures for appeals to train operators to request a review of a decision relating to the issuance, updating, suspension or withdrawal of a certificate.
In the event of disagreement, the parties may appeal to the security authority in accordance with the procedure provided for in Article 142, § 3.
Rail companies or the railway infrastructure manager update the attestation, or replace the copy, without delay, whenever the certificate holder has lost it or has obtained new authorizations relating to rolling stock or infrastructure.
Art. 137. In order for a certificate to remain valid, the licensee shall submit to periodic reviews relating to the requirements set out in section 135, paragraphs 2, 3 and 4. The railway company or the railway infrastructure manager who employs the driver or has contracted with the operator shall determine the frequency of such examinations according to its own safety management system and taking into account the minimum periodicity set out in Appendix 13.
For each of these periodic examinations, the authority responsible for issuing the certificate confirms, by mentioning the certificate and in the register provided for in Article 140, § 1^er1°, that the train operator meets the requirements of paragraph 1^er.
If the interested party fails a periodic review or obtains a negative result, the railway companies or the railway infrastructure manager shall immediately take the necessary measures.
Art. 138. A certificate loses its validity when the licensee ceases to be employed as a train driver. However, the licensee receives a certified true copy of the certificate and all documents providing its training, qualifications, experience and professional skills.
When a new certificate is issued to the train operator, the railway company or the railway infrastructure manager that would be required to hire the train operator will take into account all of these documents.
Art. 139. The certificate is either suspended or withdrawn:
1° in the cases referred to in Article 141 and Article 221, § 4, 3°;
2° in case of suspension or withdrawal of the train driver's licence, for any reason whatsoever.
Art. 140. § 1^er. Each railway company and the railway infrastructure manager:
1° shall maintain or ensure that a record of all certificates or copies of certificates issued, updated, renewed, amended, expired, suspended, withdrawn or declared lost, stolen or destroyed. This register contains the data of each certificate as well as the data relating to periodic audits provided for in section 137. This register is updated regularly;
2° cooperate with the security authority in order to exchange information with it and provide it with access to the necessary data;
3° shall provide, at the request of the competent authorities of the other Member States, information on the content of the certificates, when necessary because of their transnational activities.
§ 2. Each train operator has access to the data that is stored in the railway business register or railway infrastructure manager and may, upon request, obtain a copy of the data.
§ 3. The security authority cooperates with the Agency to ensure the interoperability of the registry referred to in § 1^er.
§ 4. The railway infrastructure manager and railway companies shall ensure that the register they have created under § 1^er be used exclusively for the following purposes:
1° the maintenance of the factual and law elements relating to the issue, update, extension, renewal, modification, expiry, suspension, withdrawal, loss, theft and destruction of all certificates of conduct or copies of certificates of conduct;
2° the keeping of personal data determined by the King, which are necessary to achieve the objective referred to in 1°.
Where the railway infrastructure manager and railway companies intervene in accordance with the provisions of this section, all provisions of the Privacy Protection Act of 8 December 1992 in respect of personal data processing shall be complied with, unless this Rail Code derogates from it.
§ 5. The King shall make the necessary arrangements to avoid the risk of alteration of the contents of the registry referred to in this section.
Section 4. - Tracking of train drivers by rail companies and the railway infrastructure manager
Art. 141. § 1^er. Railway companies and the railway infrastructure manager are required to ensure and verify that the train drivers' licences and the train drivers' certificates they employ or with which they have contracted are valid.
They set up a tracking system for their train drivers. If the results of this follow-up call into question the skills of a train driver to exercise his or her employment and the maintenance of his or her licence or certificate, the railway company or railway infrastructure manager shall immediately take the necessary steps.
§ 2. When a train operator considers that his or her health status challenges his or her ability to perform his or her job, he or she immediately informs the railway company or railway infrastructure manager, as the case may be.
As soon as a railway company or railway infrastructure manager finds or is informed by a physician that the health status of a train operator has deteriorated in such a way that its ability to perform its job is questioned, it or it immediately takes the necessary measures, including a review as provided for in Appendix 8, 3.1. and, if necessary, the withdrawal of the certificate and the updating of the register provided for in Article 140, § 1^er1°. In addition, it ensures that at no time during its service, the train operator is under the influence of a substance that may affect its concentration, vigilance or behaviour. The security authority shall be informed, without delay, of any cases of incapacity for work that exceeds three months.
The King may determine the terms and conditions of the examination referred to in paragraph 2 of this paragraph.
Section 5. - Tasks and decisions of the security authority
Art. 142. § 1^er. Without prejudice to section 74, 9°, the security authority carries out the following tasks in a transparent and non-discriminatory manner:
1° issue and update the licences and provide duplicates in accordance with articles 126 and 128;
2° ensure the implementation of periodic reviews and/or controls, in accordance with section 129;
3° suspend and remove the licences and communicate to the issuer of the certificate in question the substantiated requests for suspension of the certificates in accordance with section 221;
4° to recognize persons or organizations in accordance with articles 145, 146 and 149;
5° ensure the publication and updating of a register of persons and organizations recognized in accordance with Article 143 and Article 149;
6° maintain and update a license register in accordance with Article 129 and Article 132, § 1^er, 1° ;
7° control the train conductor certification process in accordance with Article 219;
8° perform the controls provided for in section 221;
9° to recognize persons or bodies responsible for medical examination and professional psychological examination referred to in Article 127, paragraphs 4 and 5.
§ 2. The security authority promptly responds to requests for information, and it does so without delay to file any requests for additional information as part of the processing of applications for licences.
§ 3. The employer and the train operator shall have an administrative appeal procedure to the security authority for the purpose of reviewing a decision taken by a proceeding other than the security authority relating to any application under this Rail Code.
Section 6. - Training and examination of train drivers
Art. 143. Trainers or training centres are recognized by the security authority for the tasks referred to in Articles 145, paragraph 1^erand 146, paragraphs 1^er and 2.
Recognition requires trainers or training centres to provide equitable and non-discriminatory access to train operators' training services whenever such training is required to meet the requirements for obtaining the safety certificate or, where appropriate, security clearance.
Recognition requires trainers or training centres to make quality training services available to railway companies and the railway infrastructure manager at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
Recognition is based on the evaluation of the file and is based on criteria of independence, competence and impartiality. However, where a specific skill is extremely rare, it may be derogated from this rule after the European Commission has favoured it.
The independence criterion does not apply to related training tasks:
1° to general professional knowledge referred to in Annex 10;
2° to the language knowledge referred to in Annex 12, 8;
3° to professional knowledge of rolling stock, referred to in Annex 11;
4° to professional infrastructure knowledge referred to in Appendix 12, 1 to 7.
The security authority shall ensure the publication and updating of the register of persons or organizations recognized in accordance with this section. The King determines the terms and conditions for the publication and updating of this registry.
The King shall determine, by order deliberately in the Council of Ministers, the organizational arrangements and the minimum content of the training referred to in this article, as well as the modalities for the issuance of documents authorizing the training of train drivers and train drivers.
The King determines, by order deliberately in the Council of Ministers, the conditions that trainers and training centres must fulfil to be recognized, the procedure for recognition and the procedure for adaptation, renewal, suspension and withdrawal of recognition.
Art. 144. Train driver training includes a train driver's licence component, which covers general professional knowledge, and a certification component, which covers specific professional knowledge.
Train drivers have fair and non-discriminatory access to the training required to meet the conditions for obtaining the licence and certification.
Art. 145. Training tasks related to general professional knowledge provided for in Article 127, paragraph 7, are performed by trainers or training centres recognized in accordance with Article 143.
With regard to the train driver's licence, the general system of recognition of professional qualifications established by Directive 2005/36/EC of the European Parliament and the Council of 7 September 2005 on recognition of professional qualifications continues to apply to the recognition of professional qualifications of train drivers from a Member State who have obtained their training certificate in a third country.
Art. 146. The training tasks related to the language knowledge provided for in Article 135, paragraph 3, and the professional skills related to rolling stock provided for in Article 135, paragraph 4, shall be performed by trainers or training centres recognized in accordance with Article 143.
Training tasks related to the knowledge of the infrastructure provided for in section 135, paragraph 3, including routes and operating rules and procedures, are performed by trainers or training centres recognized in accordance with section 143.
A continuous training system is established to ensure that staff skills are maintained in accordance with Annex 5, 2.1, e).
Art. 147. In the case that a train operator of a railway company or railway infrastructure manager would voluntarily leave his employment for another railway company or railway infrastructure manager, that other railway company or railway infrastructure manager pays compensation to the former employer in order to compensate for the investments made by that former employer in the training of that train operator.
Compensation referred to in paragraph 1^er is reasonably determined, taking into consideration:
1° the period between the completion of the training and the commitment of the train operator;
2° the direct use of training for the new employer.
Art. 148. The King shall determine the training method referred to in this section in accordance with the criteria set out in Appendix 9.
The King shall determine the detailed objectives of the training referred to in this section in accordance with the criteria of Annex 10 for the train driver's licence and Annexes 11 and 12 for the certification.
Art. 149. Examiners or examination centres are recognized by the security authority.
Derogation from paragraph 1^er, the security authority may charge the training centres for the recognition of their own examiners, provided that they meet the proficiency requirements set out in this Rail Code and its enforcement orders.
Recognition is based on the evaluation of the file and is based on criteria of independence, competence and impartiality. However, where a specific skill is extremely rare, it may be derogated from this rule after the European Commission has favoured it.
The security authority shall ensure the publication and updating of the register of persons or organizations recognized in accordance with this section. The King determines the terms and conditions for the publication, update and knowledge of this registry, as well as how to obtain a copy of the stored data. In order to update this registry, the training centres immediately notify the security authority of any changes to the data concerning the examiners they recognize.
For the train conductor licence component, the content of the examinations to verify the required qualifications is determined and the examiners are designated by the security authority during the establishment of the procedure to be followed to obtain the licence pursuant to section 128, paragraph 1^er.
For the certification component, the content of the examinations to verify the required qualifications is determined and the examiners are designated by the railway companies or the railway infrastructure manager at the time of the preparation of the procedure to be followed to obtain the certification in accordance with section 136.
The examinations referred to in paragraphs 5 and 6 are organized to ensure the absence of any conflict of interest.
With respect to the examinations referred to in paragraph 6, the examiner or recognized training centre may be part of the railway undertaking or railway infrastructure manager delivering the certificate.
The King shall determine, by order deliberately in the Council of Ministers, the terms and conditions for the organization and minimum content of the examinations referred to in this article, as well as the terms and conditions for the issuance of the documents authenticating the examinations passed by train drivers and train drivers.
The King determines, by order deliberately in the Council of Ministers, the conditions that the examiners must meet to be recognized, the procedure for recognition and the procedure for adaptation, renewal, suspension and withdrawal of recognition.
Theory and practical examinations are organized at the end of the training. The suitability of the conduct is assessed during the conduct tests performed on the network. Simulators can be used to test the performance of the train driver in particularly difficult situations and its correct application of operating rules.
CHAPTER 2. - Traveller trains
Art. 150. § 1^er. Passenger train attendants receive a training sanctioned by a review. When this examination is successfully completed, the training body will issue a professional suitability patent.
Trainers or training agencies responsible for providing training services to train travellers are recognized by the security authority.
Recognition requires trainers or training organizations to provide equitable and non-discriminatory access to training services for passenger train attendants whenever such training is required to meet the requirements for obtaining a security certificate or, where appropriate, security clearance.
Recognition requires trainers or training organizations to make quality training services available to railway companies at a reasonable and non-discriminatory price, which is cost-related and may include a profit margin.
The recognition process is based on criteria of independence, competence and impartiality.
The security authority shall ensure the publication and updating of the register of persons and organizations recognized under this Rail Code.
§ 2. The passenger train accompaniment certificate belongs to the licensee and is issued by the security authority.
The passenger train accompaniment certificate can only be issued to a person of eighteen years of age.
§ 3. Travel train attendants established in other European Economic Area member states who wish to take services in Belgium shall make a written statement referred to in Article 9, § 2, of the Act of 12 February 2008 establishing a new general framework for the recognition of CE professional qualifications, without mentioning information on insurance coverage or other means of personal or collective protection concerning professional liability. However, this declaration is accompanied by the documents referred to in Article 9, § 2, of the same Law. The security authority systematically applies the procedure referred to in Article 9, § 4, of the same law. The security authority shall, in particular, verify that the applicant's language proficiency certificates are established in accordance with the ITS operating requirement setting the language levels required for security tasks.
Art. 151. The King, with regard to the certification of passenger train attendants:
1° determines, by a deliberate decree in the Council of Ministers, the terms and conditions of organisation and the minimum content of the training and examinations referred to in Article 150, § 1^er, as well as the modalities for the issuance of documents relating to the training and examinations to be followed by passenger train attendants;
2° determines, by order deliberately in the Council of Ministers, the conditions that trainers and training bodies responsible for providing training services to train travellers must meet to be recognized in accordance with Article 150, § 1^erparagraph 3, and the procedure for recognition;
3° sets out the requirements to be complied with by the passenger train accompanor patent referred to in Article 150, § 1^erParagraph 1^er as well as the psychological, medical and professional conditions that the licensee must meet for it to be issued;
4° shall determine the terms and conditions for the grant, renewal, review, suspension and withdrawal of the passenger train accompaniment patent referred to in Article 150, § 1^erParagraph 1^er;
5° sets out the criteria for recognition of persons or bodies responsible for the medical examination and the procedure for this medical examination;
6° sets out the criteria for recognition of persons or bodies responsible for psychological examination in the professional and the modalities of this examination.
CHAPTER 3. - Protection of privacy
Art. 152. Before making use of one or more of the powers provided for in this title, the King requests the advice of the Privacy Commission.
In derogation from Article 29, § 2, of the Law of 8 December 1992 on the Protection of Privacy with respect to the processing of personal data, the Privacy Commission shall issue its notice within 30 days after all the data necessary for this purpose has been provided to it.
PART 6. - Interoperability of the railway system within the European Union
CHAPTER 1^er. - Essential requirements
Art. 153. The railway system, subsystems, interoperability components, including interfaces, meet the essential requirements for them.
The security authority may consult with the committee referred to in section 29 of Directive 2008/57/EC if, after the adoption of an ITS, it appears that it does not fully meet the essential requirements.
CHAPTER 2. - Technical Specifications of Interoperability
Section 1^er. - Content
Art. 154. Each subsystem is the subject of an ITS or, where appropriate, of several ITS.
A STI can cover several subsystems.
Art. 155. Subsystems conform to ITS that are applied at the time of their commissioning, redevelopment or renewal.
This compliance is maintained continuously during the use of each subsystem.
Art. 156. To the extent that this is technically feasible and without prejudice to compliance with safety rules, ITS does not impede the use of infrastructure for the movement of vehicles not covered by ITS.
Section 2. - Extension of the ITS application field
Art. 157. As long as the extension of the ITS field to the entire railway network is not effective, the authorization for the commissioning of subsystems on the part of the network that is not yet under ITS is granted in accordance with the safety rules or, where applicable, in accordance with 171.
The authorization for the commissioning of vehicles whose use is occasionally provided on the part of the network that is not yet subject to ITS, for that part of the network, is granted in accordance with the safety rules or where applicable in accordance with Article 171 and Chapter 5.
Art. 158. The security authority may, at the request of a procuring entity or manufacturer, at the time of publication of new or revised ITS, exclude from the application of these ITS projects at an advanced stage of development or subject to a contract being executed.
Section 3. - Derogations
Art. 159. § 1^er. In the absence of any relevant specific cases, the security authority may, at the request of the procuring entity, or the manufacturer or their agent in the European Union, decide not to apply one or more ITS in the following cases:
1° for a new sub-system project, for the renewal or redevelopment of an existing sub-system or for any element of the railway system at an advanced stage of development or subject to a contract being executed during the publication of these ITS;
2° for a project to renew or redesign an existing subsystem, where the gauge, deviation or centreline of the lanes or the electrical voltage provided by these STIs are incompatible with those of the existing subsystem;
3° for a project concerning the renewal, extension or redevelopment of an existing subsystem, where the application of these ITS compromises the economic viability of the project and/or the coherence of the Belgian railway system;
4° where, as a result of an accident or natural disaster, the rapid recovery conditions of the network do not economically or technically permit the partial or total application of the corresponding ITS;
5° for vehicles from or to third countries whose lanes are different from that of the main railway network within the European Union.
§ 2. The procuring entity, the constructor or their representative in the European Union shall apply to the security authority with a file containing the elements of item (b) of Annex 22 and justifying the request for exemption.
§ 3. In the case referred to in § 1^er, 1°, the security authority communicates to the European Commission, in the year following the entry into force of each STI, a list of projects that are executed on Belgian territory and are at an advanced stage of development.
§ 4. In all cases referred to in § 1^er, the security authority shall notify the European Commission of its intention to derogate from the European Commission and shall transmit to it a request for derogation file including the documents reproduced in Annex 22.
§ 5. In cases referred to in § 1^er, 1° and 4°, the security authority may, pending notification by the European Commission of the results of its analysis of the conformity of the file with the request for exemption, apply the replacement provisions referred to in this file.
§ 6. In the absence of a decision by the European Commission within the time limit imposed by Directive 2008/57/EC on the acceptance of the application for exemption in the cases referred to in paragraph 1^er, 1°, 2°, 3° and 5°, the application is considered accepted.
Pending the decision of the European Commission in the cases referred to in § 1^er, 5°, the replacement provisions referred to in the exemption application file may apply.
CHAPTER 3. - Interoperability constituents
Section 1^re. - Market launch
Art. 160. Interoperability components can only be marketed if they:
1° to achieve rail interoperability by meeting the essential requirements;
2° are used in their area of employment in accordance with their destination and are properly installed and maintained.
Paragraph 1^er does not hinder the marketing of these components for other applications.
Art. 161. The security authority may not, on the basis of the law, prohibit, restrict or hinder the marketing of interoperability components for their use in the railway system when these components meet the provisions of this Rail Code.
Section 2. - Compliance or Employment Skills
Art. 162. Interoperability components that are provided with the "EC" declaration of conformity or fitness to employment are considered to meet the essential requirements.
Any interoperability component shall be subject to the conformity and suitability assessment procedure specified in the STI concerned and shall be accompanied by the corresponding certificate.
The "EC" declaration of conformity or suitability for the use of interoperability components conforms to the criteria set out in Appendix 17.
An interoperability component meets the essential requirements if it meets the requirements set by the corresponding STIs or the European specifications developed to meet these conditions.
By derogation from paragraph 2, spare parts of subsystems already in service at the time of the entry into force of the ITS may be installed in this subsystem without being subject to the conformity assessment and fitness to employment procedure.
Section 3. - Procedure for "EC" declaration of conformity or fitness to employment
Art. 163. In order to establish the "EC" declaration of conformity or suitability for the use of an interoperability component, the manufacturer or its representative established in the European Union shall apply the provisions of the ITS concerning it.
When the corresponding STI imposes it, the assessment of the conformity or suitability of the use of an interoperability component shall be carried out by the notified body to which the manufacturer or its representative established in the European Union has applied.
When interoperability components are subject to regulations transposing other European directives on other aspects, the "EC" declaration of conformity or fitness to employment indicates, in this case, that interoperability components also meet the requirements of these other regulations.
Art. 164. When neither the manufacturer nor its agent met the obligations under Article 163, paragraphs 1^er and 3, these obligations are the responsibility of any person who puts the interoperability constituent on the market.
For the purposes of this Rail Code, the same obligations apply to any person who assembles interoperability components or parts of interoperability components of various origins or who manufactures interoperability components for their own use.
Section 4. - Restrictions or prohibition on the use of interoperability components
Sub-section 1^re. - Non-compliance with the "EC" reporting procedure for conformity or fitness to employment
Art. 165. When the security authority finds that the "EC" declaration of conformity or fitness for employment has been unduly established, it shall establish the manufacturer or agent established in the European Union, if necessary, to return the interoperability grantor to compliance and to stop the offence in accordance with the terms and conditions established by the King.
Where non-compliance persists, the security authority shall take all appropriate measures to restrict or prohibit the placing of the relevant interoperability on the market or to ensure its withdrawal from the market in accordance with the procedure set out in section 166.
Paragraphs 1^er and 2 apply subject to the provisions of section 166.
Sub-section 2. - Non-compliance of interoperability components with essential requirements
Art. 166. When the security authority finds that an interoperability grantor with the "EC" declaration of conformity or fitness to employment and placed on the market may, when used in accordance with its destination, not meet the essential requirements, take all necessary measures to restrict its area of application, to prohibit its use or to remove it from the market in accordance with the terms and conditions established by the King.
The security authority immediately informs the European Commission of the measures it has taken and motivates its decision by specifying, in particular, whether the non-compliance results from a non-compliance with the essential requirements or from a misapplication of the European specifications provided that the application of these specifications is invoked, or from a lack of European specifications.
Art. 167. When the security authority finds that an interoperability grantor with the "EC" declaration of conformity or fitness for employment is found to be unconformed, it restricts its area of application, removes it from the market, prohibits its use, or takes appropriate measures against the person who has established the declaration in accordance with the terms and conditions established by the King.
It informs the European Commission and the security authorities of the other Member States of the European Union.
CHAPTER 4. - Subsystems
Section 1^re. - Implementation procedure
Art. 168. § 1^er. Pursuant to Article 74, 1°, and without prejudice to the provisions of Chapter 5, the security authority authorizes the commissioning of the structural subsystems of the railway system that are established or operated in Belgium.
§ 2. Structural subsystems can only be put into service if they are designed, constructed and installed to meet the essential requirements for them, when integrated into the railway system.
§ 3. The security authority checks, in particular:
1° the technical compatibility of these subsystems with the system in which they integrate;
2° the safe integration of these subsystems in accordance with Commission Regulation No. 352/2009 of 24 April 2009 concerning the adoption of a common security method relating to the assessment and assessment of the risks referred to in Article 6, § 3, point a), the Directive 2004/49/EC of the European Parliament and the Council and Article 94.
§ 4. The security authority shall verify prior to the commissioning of these subsystems that they comply with the applicable operating and maintenance provisions of ITS.
§ 5. Subsystems of a structural nature are subject to:
1° to the "EC" verification procedure by reference to applicable ITS;
2° as well as the security rules verification procedure, by reference to these security rules.
§ 6. After the subsystems are put into service, this verification takes place:
1° for infrastructure, as part of the granting and monitoring of security clearances under section 95;
2° for vehicles, as part of the granting and monitoring of safety certificates under section 99.
§ 7. The evaluation and verification procedures are those in the relevant structural and functional ITS.
Art. 169. Subject to the provisions of section 168, the security authority may not, on the basis of this Rail Code, prohibit, restrict or impede the construction, commissioning and operation of structural subsystems of the railway system that meet the essential requirements.
The security authority may not require audits that have already been performed:
1° as part of the procedure for establishing the "EC" verification declaration, the elements of which are given in Appendix 18;
2° in other EU Member States, before or after July 19, 2008, to verify compliance with identical requirements under identical operating conditions.
Section 2. - Compliance with ITS and national rules
Art. 170. The structural subsystems of the railway system that are equipped with the "EC" verification declaration are considered interoperable and meet the essential requirements.
The verification of the interoperability, in accordance with the essential requirements, of a subsystem of a structural nature constituting the railway system is established by reference to ITS where they exist.
The "EC" subsystem verification declaration complies with the criteria set out in Annex 18.
Art. 171. § 1^er. The security authority shall establish, for each subsystem, a list of safety rules for the application of essential requirements where there is no relevant ITS, that an exemption has been notified under section 159 or that a specific case requires the application of security rules not included in the relevant ITS.
In such cases, any structural subsystem is subject to the verification procedure referred to in Annex 19, item 3.
§ 2. The security authority shall notify the European Commission of the list of safety rules for each subsystem and the designated bodies responsible for the verification procedure of these security rules pursuant to Article 174.
This list is notified:
1° each time a change occurs in the list of technical rules that has been notified under Article 17, § 3, of Directive 2008/57/EC;
2° after notification of derogation;
3° or after publication of the STI concerned.
§ 3. The security authority does not notify the European Commission of the rules and restrictions of a strictly local character but in fact mentioned in the infrastructure register referred to in section 211.
§ 4. The security authority shall ensure that binding security rules are published and communicated to the infrastructure manager, to all railway companies and to all applicants for commissioning authorizations in clear and intelligible terms for all parties involved.
Section 3. - Procedure for establishing the "EC" audit declaration
Sub-section 1^re. - "EC" verification statement
Art. 172. § 1^er. To establish the "EC" verification declaration, the procuring entity or the manufacturer or their agent in the European Union shall select a notified body and invite the procuring entity to initiate the "EC" verification procedure referred to in Annex 19.
§ 2. The mission of the notified body responsible for the "EC" verification of a subsystem begins at the project stage and covers the entire construction period until the reception stage before the subsystem is started.
This task also covers the verification of the interfaces of the subsystem in question in relation to the system in which it integrates on the basis of the information available in the STI concerned and in the records provided for in articles 210, § 4, 3°, and 211.
§ 3. The notified body is responsible for the preparation of the technical file and the drafting of the verification certificate "EC" to accompany the verification declaration "EC" prepared by the applicant.
This technical record contains all necessary documents relating to the characteristics of the subsystem and, where applicable, all evidence of the conformity of interoperability components.
It also contains all elements related to conditions and limits of use, maintenance, continuous or periodic monitoring, adjustment and maintenance instructions.
§ 4. If the corresponding STI permits, the notified body may issue certificates of compliance with certain parts of the subsystems or a series of subsystems.
Sub-section 2. - EC Statement "Intermediate Audit
Art. 173. On the basis of confirmations of the inspection certificates issued by the notified body, the procuring entity or the manufacturer, or their agent in the European Union, may establish "EC" intermediate verification declarations to cover certain stages of the verification procedure or certain parts of the subsystem according to the procedure set out in Annex 19.
Subsection 3. - Declaration of verification of security rules
Art. 174. § 1^er. Pursuant to Article 157 and Article 171, the procuring entity or the manufacturer or their agent in the European Union shall, in order to establish the verification declaration to the security rules, choose a designated body and invite it to initiate the verification procedure to the security rules.
The audit declaration complies with the criteria set out in Appendix 18, item 2.
§ 2. The mission of the designated body responsible for the verification of a subsystem in relation to the safety rules begins at the project stage and covers the entire construction period until the reception stage before the commission of the subsystem.
This task also covers the verification of the interfaces of the subsystem in question with respect to the system in which it integrates.
§ 3. The designated body is responsible for the establishment of the technical record to accompany the audit declaration to the security rules.
This technical folder contains all elements related to the conditions and limits of use, maintenance, continuous or periodic monitoring, adjustment and maintenance instructions.
Sub-section 4. - Declaration of Intermediate Audit of Security Rules
Art. 175. Intermediate audit declarations to the security rules may be prepared by the procuring entity or the manufacturer or their agent in the European Union on the basis of the intermediate audit certificates issued by the designated body to cover certain stages of the security verification procedure.
Section 4. - Restriction on the commission of a structural subsystem
Art. 176. When the security authority finds that a subsystem of a structural nature, with the verification declaration "EC" accompanied by the technical record, does not fully comply with the provisions of this Rail Code and, in particular, with the essential requirements, it may request further verification.
The security authority shall immediately inform the European Commission of the additional audits requested by motivating them and specify whether the supplementary audit finds its cause, either in the non-compliance with the essential requirements or in a STI, or in the absence of an STI.
Section 5. - Subsystem implementation
Sub-section 1^re. - General principles
Art. 177. The King sets out the procedure and procedures for the introduction of the application and the authorization to commission the subsystems referred to in this section.
Sub-section 2. - Implementation of existing subsystems after renewal or redevelopment
Art. 178. § 1^er. In the event of renewal or redevelopment, the procuring entity, the manufacturer or their agent in the European Union shall file with the security authority a file describing the project.
§ 2. After reviewing the file, the security authority shall decide, taking into account the implementation strategy set out in the applicable ITS, whether the importance of work warrants the need for a new authorization of commission within the meaning of this Rail Code.
§ 3. A new commissioning authorization is required whenever the overall security level of the subsystem concerned can be adversely affected by the work envisaged.
If a new authorization is required, the security authority determines the extent to which ITS should be applied to the project.
If the ITS is not fully implemented, the security authority shall notify the European Commission of the reasons, the technical characteristics that apply instead of the ITS, and the bodies responsible for applying, with respect to these characteristics, the verification procedure referred to in section 174.
§ 4. The security authority shall decide no later than four months after the procuring entity, the manufacturer or their agent in the European Union has introduced a complete record in accordance with the terms and conditions set out in Article 177.
Art. 179. The security authority may authorize the intermediate commissioning of subsystems on the basis of intermediate compliance certificates issued by the notified or designated body, and intermediate compliance declarations. The security authority shall issue the intermediary commissioning authorization to the procuring entity or to the manufacturer or to their agent in the European Union.
The intermediate commissioning of the subsystems opens the right to the completion of all tests necessary for the commissioning of the subsystems concerned in accordance with the terms and conditions established in accordance with Article 177.
CHAPTER 5. - Vehicles
Section 1^re. - Authorization for commissioning
Art. 180. Unless otherwise specified in this chapter, the commissioning of a vehicle is authorized by the security authority before that vehicle can be used on the network.
Any authorization for commission granted by a Member State is valid in Belgium subject to articles 193 and 197.
The service authorizations issued in accordance with the provisions of this section are without prejudice to the other conditions imposed by Title 4 to railway companies and the railway infrastructure manager for the operation of such vehicles on the network.
The King sets out the procedures for the introduction of the application, the procedure and the conditions for obtaining the commission of the vehicles.
Art. 181. A vehicle conforming to ITS is authorized in accordance with sections 189 to 194.
A vehicle not in accordance with ITS is authorized in accordance with sections 195 to 198.
A vehicle conforming to an authorized type is authorized in accordance with section 199.
Art. 182. Any application for a vehicle to be commissioned must be followed by a decision of the security authority in accordance with sections 190, 193, 196 and 197.
Art. 183. The decision to authorize the commissioning of a vehicle may provide for conditions of use and other restrictions.
Art. 184. In the month of the date of receipt of the decision to refuse the commission of a vehicle, the applicant may request the security authority, based on duly justified reasons, to review the decision to refuse the commission of a vehicle.
The security authority has two months, from receipt of the request for review, to confirm or reverse its decision.
Art. 185. In the absence of a decision by the security authority within the time limits prescribed by sections 194 and 198, the commissioning of the vehicle is deemed to have been authorized after a three-month period beginning at the end of these periods.
In this case, the authorization to commission the vehicle is valid only on the Belgian network.
In the event that a vehicle would be granted a tacit authorization in another Member State of the European Union following the application of a provision similar to paragraph 1^er, the said authorization of commissioning will not be valid in Belgium.
Art. 186. The revocation by the security authority of the authorization for commissioning granted by the security authority or of an authorization granted by the applicant under section 185 shall be effected through the procedure for revising security certificates and security clearances in accordance with Chapter 4 of Title 4.
Art. 187. The security authority may issue operational authorizations for a series of vehicles.
The security authority shall communicate to applicants, through publication on its website, the practical modalities to be followed.
Art. 188. By derogation from articles 189 to 198, the authorizations granted before July 19, 2008, including authorizations issued in accordance with international agreements, in particular the RIC (Regolamento Internazionale Carrozze) and the RIV (Regolamento Internazionale Veicoli) remain valid for the conditions to which they were granted.
Section 2. - Implementation of ITS-compliant vehicles
Sub-section 1^re. - First release authorization
Art. 189. This subsection applies to vehicles that comply with all relevant ITS at the time of their commissioning provided that a significant number of essential requirements have been covered in the ITS considered and that the relevant ITS on rolling stock has entered into force and is applicable.
Art. 190. Where all structural subsystems related to the vehicle concerned have been authorized in accordance with the provisions of Chapter 4, the security authority shall grant the first authorization for commissioning without further verification.
Art. 191. Where the vehicle concerned is provided with all "EC" verification declarations in accordance with section 172, the control of the safety authority within the framework of the vehicle's commissioning authorization is limited to:
1° the technical compatibility between the relevant subsystems of the vehicle and the safety of their integration according to the procedure provided for in the structural and functional STIs concerned;
2° the technical compatibility between the vehicle and the network concerned;
3° the safety rules applicable to open points;
4° the safety rules applicable to specific cases duly identified in the relevant ITS.
Sub-section 2. - Additional authorities for commissioning
Art. 192. Vehicles that are in total compliance with ITS covering all aspects of the subsystems concerned without specific cases and open points strictly related to technical compatibility between vehicle and network are not subject to any additional authorization to be put into service, provided they circulate on networks conforming to ITS or the conditions specified in the corresponding ITS.
Art. 193. § 1^er. The security authority shall decide whether additional authorizations for commissioning are necessary for a vehicle with a first authorization for commissioning under section 190 or in accordance with the principles contained in section 22 of Directive 2008/57/EC, provided that it is not a vehicle referred to in section 192.
§ 2. In order to meet the request for additional authorizations, the applicant shall submit to the security authority a record concerning the vehicle or vehicle type and the intended use on the network.
§ 3. The file contains the following information:
1° the supporting documents certifying the authorization of commissioning in another Member State of the Union in accordance with Article 22 of Directive 2008/57/EC;
2° a copy of the technical record referred to in Annex 19 including, for vehicles equipped with data loggers, information relating to the data collection procedure in order to allow the reading and evaluation of this data, provided that this information is not harmonized in the corresponding ITS;
3° the records showing the history of the operation of the vehicle, its maintenance, and, where applicable, the technical changes made after the authorization;
4° the technical and operational characteristics proving that the vehicle is compatible with the infrastructure and fixed installations and other network constraints.
§ 4. The verification of the security authority in the application for additional authorization is limited to the criteria for:
1° the technical compatibility between the vehicle and the network, including the safety rules applicable to the open points necessary to ensure this compatibility;
2° the safety rules applicable to specific cases duly identified in the STI concerned.
§ 5. In order to verify the criteria referred to in § 4, the security authority may request additional information, risk analyses carried out under Articles 89 and 90 of Chapter 3 of Title 4 or tests to be carried out on the network.
Derogation from paragraph 1^er and after the adoption of the reference document referred to in section 200, this verification may be carried out only in relation to the national rules of group B or C contained in this document.
§ 6. The security authority defines, after consultation with the applicant, the scope and content of the additional information, risk analyses and tests requested.
In order to carry out the additional tests required under paragraph 1^er, the railway infrastructure manager, in consultation with the applicant, makes every effort to ensure that these tests may take place within three months of the applicant's request.
Where applicable, the security authority shall take steps to ensure that such tests are conducted.
Art. 194. The security authority shall make the additional authority for commissioning by:
1° two months after the introduction of the file referred to in section 193, § 2;
2° where applicable, one month after the provision of any additional information referred to in section 193, § 5;
3° where applicable, one month after the delivery of the test results requested by the security authority in accordance with Article 193, § 6.
Section 3. - Implementation of non-ITS vehicles
Sub-section 1^re. - First release authorization
Art. 195. This subsection applies to vehicles that are not in compliance with all relevant ITS at the time of their commissioning, including vehicles with exemptions, or where a significant number of essential requirements are not covered by one or more ITSs.
Art. 196. The security authority shall grant the first authorization for commissioning in the following manner:
1° if applicable after completion of the "EC" verification procedure for the technical aspects covered by the ITS;
2° after completion of the verification procedure in relation to the safety rules for other technical aspects.
The first authorization for commissioning is valid only on the Belgian railway network.
Sub-section 2. - Additional authorities for commissioning
Art. 197. § 1^er. The security authority shall decide whether additional authorizations for commissioning are necessary for a vehicle authorized to commission in another Member State of the Union in accordance with Article 21, § 12, Directive 2008/57/EC or Article 24 of Directive 2008/57/EC.
§ 2. In order to meet the request for additional authorizations referred to in this section, the applicant shall submit to the security authority a technical record concerning the vehicle or vehicle type by indicating the information relating to the intended use on the network.
§ 3. The file contains the following information:
1st supporting documents certifying the authorization of commissioning in another Member State and the documentation relating to the procedure followed to demonstrate that the vehicle complies with the existing security requirements, including, where appropriate, information on the exemptions that it has received or have been granted in accordance with section 159 or in accordance with the principles contained in section 9 of Directive 2008/57/EC;
2° technical data, maintenance program and operational characteristics including, for vehicles equipped with data loggers, information relating to the data collection procedure to allow the reading and evaluation of such data as provided for in Article 113, point c.
3° the records showing the history of the operation of the vehicle, its maintenance and, where applicable, the technical changes made after the authorization;
4° the technical and operational characteristics proving that the vehicle is compatible with the infrastructure, fixed installations and other network constraints.
§ 4. The security authority may not question the data referred to in § 3, 1 and 2°, except to demonstrate a significant security risk, subject to section 169.
In particular, after the adoption of the reference document referred to in section 200, the security authority may no longer invoke a national rule belonging to Group A in that document.
§ 5. In order to verify the conformity of the elements referred to in § 3, 3 and 4, in relation to the safety rules, the security authority may request that additional information be provided, that risk analysis be carried out and that tests be carried out on the network.
Derogation from paragraph 1^er, this verification may be carried out only in relation to the national rules of group B or C contained in this document and that after the adoption of the reference document referred to in section 200.
§ 6. The security authority, in consultation with the applicant, defines the scope and content of additional information, risk analyses and tests requested.
At the request of the security authority and in order to carry out the additional tests requested, the infrastructure manager, in agreement with the applicant, shall make every effort to ensure that these tests may take place within three months of the applicant's request.
Where applicable, the security authority shall take steps to ensure that such tests are conducted.
Art. 198. The security authority shall make its decision for additional authorization to commence service by:
1° four months after the introduction of the file referred to in Article 197, § 2;
2° where applicable, two months after the provision of additional information or risk analysis referred to in Article 197, § 5;
3° where applicable, two months after the delivery of the results of the tests that were carried out at the request of the security authority in accordance with Article 197, § 6.
Section 4. - Vehicle type authorizations
Art. 199. § 1^er. The security authority may issue authorizations by vehicle type.
§ 2. Authorization for a vehicle also covers the corresponding vehicle type.
§ 3. The vehicle conforming to a vehicle type that has already been authorized on the Belgian network is authorized on the basis of a declaration of conformity with the vehicle type provided by the applicant, without further verification.
§ 4. By derogation from § 3, in the event of modification of the relevant provisions of the ITS and the national rules on the basis of which a vehicle type has been authorized, the security authority shall decide whether the authorizations by type of vehicle issued remain valid or whether they shall be renewed.
In the event of a renewal of a vehicle type authorization, the control of the security authority is limited to the amended rules.
The renewal of a vehicle type authorization does not affect the authorizations of vehicles issued on the basis of a previously authorized type.
§ 5. The Type Compliance Statement is established in accordance with:
1° the relevant ITS verification procedures for ITS vehicles;
2° for non-informed ITS vehicles, verification procedures defined in module D or in module E of Decision No. 768/2008/EC of the European Parliament and the Council of 9 July 2008 on a common framework for product marketing and repealing Council Decision 93/465/EEC.
§ 6. The applicant may apply for authorization by type at the same time in other EU Member States.
Where applicable, the security authority cooperates with the security authorities of other EU Member States in order to streamline the procedure and minimize administrative tasks.
§ 7. In accordance with Article 26, § 7, of Directive 2008/57/EC, type approvals are registered in the European Register of Authorized Vehicles referred to in Article 34 of Directive 2008/57/EC.
This register specifies the Member States of the European Union in which a vehicle type is authorized.
Section 5. Classification of national rules
Art. 200. In order to facilitate the procedure for authorizing the operation of vehicles referred to in sections 193 and 197, the security authority shall classify the national rules relating to the parameters identified in Annex 20, Item 1, in accordance with Annex 20, Item 2.
The reference document referred to in Article 27 of Directive 2008/57/EC takes over all the national rules applied by each Member State for the commissioning of vehicles.
The security authority contributes to the drafting of the reference document referred to in paragraph 2 of this article.
CHAPTER 6. - Organizations notifies and designs
Section 1^re. - Notified bodies
Art. 201. The King, for notification, agrees with the organizations that meet the criteria of Schedule 21 and are responsible for conducting the conformity assessment or fitness to employment procedure referred to in sections 162 to 165 and the verification procedure referred to in Article 172, indicating their respective areas of competence.
Art. 202. In order to be authorized for notification by the King, interested bodies must demonstrate that they are accredited in accordance with the provisions of the Act of 20 July 1990 concerning the accreditation of conformity assessment bodies.
The King sets out the procedures for the introduction of the registration record and the application for notification, the procedure for the issuance of the approval and the rules for the control, suspension and withdrawal of the approval.
Art. 203. The King determines which entity is responsible to notify the European Commission and other EU Member States of the bodies it has approved by indicating for each of them their area of competence and their identification number obtained before the Commission.
The entity referred to in paragraph 1^er also immediately informs the European Commission and the Member States of the European Union of the withdrawal of the accreditation to an organization that no longer meets the criteria of Annex 21.
Art. 204. If it appears that an organization, notified by another Member State of the European Union, no longer meets the notification criteria, the Minister shall inform the European Commission.
Section 2. - Designated bodies
Art. 205. The King designates, by indicating their area of jurisdiction, the bodies responsible for conducting the security rules verification procedure, in the absence of ITS, where the application of ITS to the entire network is not effective, in the event of a notified derogation or where a specific case requires the application of national rules in accordance with section 174.
Art. 206. The King sets out the criteria for designation, the procedure for the introduction of the application for designation of the bodies referred to in section 205, the procedure for granting and the procedure for control, suspension and revocation of the designation.
Art. 207. In order to be designated, interested bodies must demonstrate that they meet the criteria set by the King.
Art. 208. The security authority, through publication on its website, communicates the list of designated bodies.
CHAPTER 7. - Vehicle and infrastructure records
Section 1^re. - Vehicle registration system
Art. 209. A European vehicle number (NEV) is assigned to any vehicle put into service on the European railway system when issuing the first commissioning authorization.
The applicant for the first commissioning authority shall be responsible for affixing to the vehicle the NEV assigned to it by the security authority in accordance with the provisions of Schedule P of the ITS relating to the operation and management of the traffic.
A single EVN is assigned to each vehicle unless otherwise provided in the ITS for traffic operation and management.
Derogation from paragraph 1^er, for clearly identified vehicles, a different codification system is authorized in the case of vehicles operated or intended to be operated from or to third countries whose lanes are different from that of the main railway network of the European Union.
Section 2. - National Register of Vehicles
Art. 210. § 1^er. A national register of vehicles authorized in Belgium is established.
§ 2. The registry is maintained by the security authority. It incorporates in the register the changes made by another Member State of the European Union for data that concern the Belgian network.
As long as the national vehicle registers of the Member States are not connected, the security authority shall update the register by incorporating the modifications made by another Member State in its own register, for the data concerning it.
§ 3. The register is accessible to the security authorities of the other EU Member States, the investigative body, the inspection body, the Agency, railway companies, the railway infrastructure manager, and to persons or bodies responsible for the registration of vehicles or identified in the register.
When the security authority acts under the provisions of this section, it complies with the provisions of the Privacy Protection Act of 8 December 1992 with respect to personal data processing.
§ 4. The registry complies with the common specifications developed by the Agency and contains at least the following information:
1° the NEV;
2° the references to the "EC" verification declaration and the entity that issued it;
3° references to the European Register of authorized vehicle types referred to in Article 34 of Directive 2008/57/EC;
4° identification of the owner of the vehicle and its owner;
5° any restrictions concerning the use of the vehicle;
6° the maintenance entity.
§ 5. The registration holder shall immediately notify any possible changes in relation to the data entered in the national vehicle register, the destruction of a vehicle or its decision not to register a vehicle to the security authority of the Member State in which the vehicle was first authorized.
§ 6. In the case of vehicles first put into service in a third country and whose commission has been authorized by a Member State in its territory, the Member State shall ensure that the data referred to in § 4, 4° to 6° can be found via the national vehicle register. The data referred to in § 4, 6°, may be replaced by the relevant security data applicable to the maintenance program.
Section 3. - Infrastructure Registry
Art. 211. The security authority ensures that the railway infrastructure manager publishes an infrastructure register and updates it in accordance with the common specifications referred to in section 212.
Art. 212. This register presents for each subsystem or subsystem concerned the main features such as the basic parameters and their consistency with the characteristics prescribed under the applicable ITS. ÷ this end, the infrastructure manager complies with each ITS that accurately indicates which information must be included in the infrastructure registry.
It complies with the common specifications developed by the Agency for its presentation, format, updating cycle, and mode of use, taking into account an appropriate transition period for the infrastructure that was commissioned before July 19, 2008.
PART 7. - Rail inspection and inspection
CHAPTER 1^er. - Rail inspection and inspection
Art. 213. § 1^er. The King shall designate the staff of the Administration and the security authority responsible for monitoring compliance with this Rail Code and its enforcement orders.
They can:
1° freely enter, at any time and without prior warning, all rolling stock or any equipment intended to circulate on the infrastructure;
2° carry out all the findings, gather information, take statements, submit documents, documents, books and objects and seize those necessary for the control or necessary for the purpose of ending the offence.
They claim their control rights only if it is reasonably useful for the performance of their control missions.
For the purpose of carrying out their missions, they may require public force.
§ 2. They have the right to access:
1° to the domicile of the business managers, administrators, managers, directors and other staff of the company concerned, as well as to the housing and premises used for the professional purposes of natural and legal persons, internal or external, responsible for the commercial, accounting, administrative, fiscal and financial management of the company;
2° at the headquarters of the company concerned.
However, they do not have access to the premises referred to in paragraph 1^er under the following conditions:
1° having received prior and written authorization from the occupant;
2° having received the prior and written authorization of the examining magistrate. In this case, they can only access the dwelling and living space between 8 and 18 hours.
§ 3. The personnel referred to in § 1^er are held in professional secrecy as to the information obtained in the exercise of their control missions.
CHAPTER 2. - Administrative amendments
Art. 214. The following offences in this Rail Code are punishable by administrative fine:
1° the offence of article 68, § 3, is punishable by an administrative fine of 2,000 to 4,000 euros;
2° the offence of article 68, § 4, is punishable by an administrative fine of 2,000 to 4,000 euros;
3° the offence of Article 70 is punishable by an administrative fine of 1,000 to 2,000 euros;
4° the offence of section 71 is punishable by an administrative fine of 2,000 to 4,000 euros;
5° the non-compliance, by the railway company or the railway infrastructure manager, of the measures referred to in section 75 is punishable by an administrative fine of 4,000 to 8,000 euros;
6° the refusal to provide the technical assistance referred to in Article 77, paragraph 4, is punishable by an administrative fine of 1,000 to 2,000 euros;
7° the offence of section 89 is punishable by an administrative fine of 4,000 to 8,000 euros;
8° the offence of Article 90 is punishable by an administrative fine of 4,000 to 8,000 euros;
9° the offence of article 91, first sentence, is punishable by an administrative fine of 4,000 to 8,000 euros;
10° the offence of article 91, second sentence, is punishable by an administrative fine of 4,000 to 8,000 euros;
11° the late filing of the report referred to in section 92 is punishable by an administrative fine of 500 to 1,000 euros;
12° the non-deposit of the report referred to in section 92 is punished by an administrative fine of 2,000 to 4.000 euros;
13° the incomplete filing of the report referred to in section 92 is punishable by an administrative fine of 2,000 to 4,000 euros;
14° non-compliance with the obligations referred to in Article 93 is punishable by an administrative fine of 1,000 to 2,000 euros;
15° the non-immediate communication of the substantial amendments referred to in Article 96 is punishable by an administrative fine of 1,000 to 2,000 euros;
16° the offence of section 102, paragraph 2, is punishable by an administrative fine of 1,000 to 2,000 euros;
17° the non-compliance with the obligations relating to the validity of the train operator's licence, referred to in section 141, is punishable by an administrative fine of 2,000 to 4,000 euros;
18° the offence of section 130, paragraph 1^er, is punished by an administrative fine of 500 to 1,000 euros per train operator;
19° except where legal or regulatory exceptions are provided, failure to comply with the requirements for train operators' certificates in respect of infrastructure, equipment or language knowledge, referred to in section 141, shall be punished by an administrative fine of 2,000 to 4,000 euros;
20° the offence of section 135 is punishable by an administrative fine of 500 to 1,000 euros;
21° the offence under section 136, paragraph 3, is punishable by an administrative fine of 500 to 1,000 euros;
22° the offence of section 137 is punishable by an administrative fine of 1,000 to 2,000 euros;
23° the offence of section 139 is punishable by an administrative fine of 2,000 to 4,000 euros;
24° the offence of Article 140 is punishable by an administrative fine of 1,000 to 2,000 euros;
25° the offence under section 146, paragraph 3, is punishable by an administrative fine of 4,000 to 8,000 euros;
26° the non-verification of the fact that the accompanying person holds a certificate referred to in Article 150, § 1^erParagraph 1^er, before it is authorized to perform the determinative tasks defined in the same article, is punished by an administrative fine of 2,000 to 4,000 euros;
27° the non-registration by the holder, in violation of section 105, of a vehicle in the NVR, with the name of the entity in charge of the maintenance, is punished by an administrative fine of 1,000 to 2,000 euros;
28° non-communication or late communication to the security authority of the necessary modifications to the NVR referred to in section 105, is punishable by an administrative fine of between 1,000 and 2,000 euros;
29° the non-compliance, by the maintenance entity, of the rules mentioned in sections 106 to 109 concerning certification, is punishable by an administrative fine of 4,000 to 8,000 euros;
30° any obstruction to the exercise of the powers of the investigative body referred to in section 113 shall be punished by an administrative fine of 4,000 to 8,000 euros;
31° the failure to respond within the time limit set out in an audit, inspection or control report relating to the safety rules referred to in section 68 or to the safety rules relating to the carriage of dangerous goods by rail, or relating to an approval or security certificate, shall be punished with an administrative fine of 500 to 1,000 euros;
32° the failure to take corrective action within the time limit set out after an audit, inspection or inspection report relating to the safety rules referred to in section 68 or the safety rules relating to the carriage of dangerous goods by rail, or relating to an approval or security certificate, shall be punished with an administrative fine of 2,000 to 4,000 euros;
33° to exceed the "immediate intervention" values of the road safety tolerances, in accordance with the basic safety parameters of the ITS Infrastructure, or not to respect the safety procedures of the ITS Control-command and signalling, more than twice a year, is punished by an administrative fine of 2,000 to 4,000 euros;
34° the non-payment or late payment of royalties referred to in articles 79, 80, 82, 85, 86 and 87 is punishable by an administrative fine of 20 to 500 euros;
35° the railway company, the manager of the railway infrastructure and the holder who, by performing an act, or failing to perform an act, cause a situation that by nature can cause an accident, are punished with an administrative fine of 500 to 6,000 euros;
36° the railway company, the manager of the railway infrastructure and the holder who, by performing an act, or failing to perform an act, cause a situation that by nature can cause a serious accident, are punished with an administrative fine of 3,000 to 12,000 euros;
37° the commissioning of a vehicle before it is authorized in accordance with section 180 is punishable by an administrative fine of 4,000 to 8,000 euros;
38° non-compliance with the decision referred to in Article 70, § 6, of this Rail Code is punishable by an administrative fine of 2,000 to 4.000 euros.
The offences mentioned in the previous paragraph may also be committed by negligence or default of foresight.
Art. 215. § 1^er. The King defines, by order deliberately in the Council of Ministers, offences against the decrees taken under this Rail Code which are punishable by administrative fine.
The offences are divided into three degrees.
Offences may also be committed by negligence or lack of foresight.
§ 2. First-degree offences relate to facts and behaviours that do not have an impact on the safety of individuals and that do not seriously interfere with the operation of the security authority or investigative body.
The offences referred to in paragraph 1^er are punished with an administrative fine of 50 to 1,000 euros.
§ 3. Second-degree offences relate to acts and behaviours that have a direct or indirect impact on the safety of persons or that seriously interfere with the operation of the security authority or investigative body.
The offences referred to in paragraph 1^er are punished with an administrative fine of 100 to 2,000 euros.
§ 4. Third-degree offences relate to acts and behaviours that are likely to cause a serious accident or accident.
The offences referred to in paragraph 1^er are punished with an administrative fine of 400 to 8,000 euros.
§ 5. The King may, by order deliberately in the Council of Ministers and within the limits of the minimum and maximum amounts provided for in §§ 2 to 4, set a minimum and maximum amount or amounts in the event of an administrative fine.
To define the degree and rate of punishment, the King takes into account the seriousness of the punishable acts and their proportionality in relation to administrative fines.
Art. 216. § 1^er. In case of mitigating circumstances, the administrative fine may be reduced, without being less than:
1° 50 euros for first-degree offences;
2° 100 euros for second degree offences;
3° 200 euros for third degree offences;
4° half of the minimum amount of the amounts provided for in section 214.
§ 2. In the event of a competition of several offences referred to in sections 214 and 215, all administrative fines will be accumulated, but they may not exceed the maximum of the highest administrative fine.
§ 3. The security authority and the investigative body may provide for in their decision to impose an administrative fine only if the offender no longer commits an offence for a year, the administrative fine is null and void.
§ 4. §§ 1^er to 3 shall apply in full to the appeal referred to in section 221/3.
§ 5. If the offender is liable to an administrative fine provided for in sections 214 and 215, a year after a decision of the security authority or investigative body to impose an administrative fine has become final, or a year after the decision on the appeal against that decision has been made, the minimum amounts defined in § 1^erArticle 214 and Article 215, paragraphs 2 to 4, will be doubled.
§ 6. An administrative fine cannot be imposed:
1° where the repressive judge has already imposed a penalty for the fact in question;
2° where the fact in question has already given rise to an acquittal, to a simple statement of guilt without penalty, to a suspension of the conviction or to a transaction referred to in Article 216bis of the Code of Criminal Investigation.
§ 7. If the alleged offender is criminally prosecuted for acts that are inseparably linked to the fact that the security authority intends to impose an administrative fine, the deadlines mentioned in this title are suspended until the criminal judge has ruled.
§ 8. Additional decimals referred to in Article 1^erParagraph 1^er, the Act of March 5, 1952 on additional decimals on penal fines also applies to administrative fines referred to in sections 214 and 215.
In their decision, the security authority and the investigative body report the multiplication under the above-mentioned Act of 5 March 1952 and the amount resulting from this increase.
§ 9. The offender has completed the administrative fine a month after the decision to impose an administrative fine has become final or the decision on the appeal against this decision has passed into force.
The administrative fine comes to the Treasury.
The offender pays the amount to the Administration of the cadastre, registration and domains.
The clerk of the Cadastre Administration, registration and domains shall inform the security authority of the payment made.
If the offender pays the administrative fine with delay, the amount will be increased in full law with a minimum of five percent of the amount of the administrative fine.
The right to receive the administrative fine is prescribed by two years from the last day the offender should have paid. This period is suspended in the case referred to in § 3 of this article.
CHAPTER 3. - Criminal provisions
Art. 217. § 1^er. On the proposal of the Minister, the King may confer the status of judicial police officers to the staff of the Administration and the security authority and to the members of the supervisory body responsible for ascertaining by minutes the criminal offences referred to in section 218.
§ 2. As part of their duties, the officers referred to in § 1^er may:
1° freely enter, at any time, any rolling stock or equipment intended to circulate on the infrastructure;
2° carry out all the findings, gather information, take statements, submit documents, documents, books and objects and seize those that are necessary for the search or finding or necessary to be able to end the offence.
§ 3. They may conduct visits between 8 and 6 p.m., after prior authorization from the investigating judge of the place of the visit:
1° to the domicile of the business managers, administrators, managers, directors and other staff of the company concerned, as well as to the domicile and premises used for the professional purposes of natural and legal persons, internal or external, responsible for the commercial, accounting, administrative, fiscal and financial management of the company;
2° at the headquarters of the company concerned.
§ 4. Minutes of officers referred to in § 1^er are sent to the King's attorney from the place of the offence.
§ 5. Officers referred to in § 1^er may require the public force for the purpose of carrying out their duties.
§ 6. Subject to special laws that guarantee the secrecy of statements, public administrations are required to assist judicial police officers in the execution of their missions.
Art. 218. With the exception of offences relating to the network's reference document, the distribution of capabilities, the pricing of infrastructure and access provisions and notwithstanding section 110, paragraph 3, the breaches of this Rail Code and the enforcement orders made on the basis of this Rail Code, the non-compliance of the decisions taken by the Minister, the security authority and the inspection body, with the exception of
The provisions of Book I of the Criminal Code apply to these offences.
Paragraph 1^er does not apply to the railway, infrastructure manager and holder who commit an offence punishable by administrative fine in accordance with section 214 or section 215.
CHAPTER 4. - Verification by the security authority in respect of certification under 5
Art. 219. The security authority ensures that all training, competency assessment and updating of train drivers' licences and certificates are subject to ongoing monitoring within the framework of a quality standards system. This obligation does not apply to activities that are already covered by the safety management systems that railways and the infrastructure manager put in place in accordance with Part 4, Chapter 3.
Art. 220. The security authority ensures that an independent evaluation of the procedures for the acquisition and evaluation of professional knowledge and skills, as well as the system for the licensing of train drivers and certificates, is conducted every five years and the first time in 2014. These obligations do not apply to activities that are already covered by the safety management systems that railways and the infrastructure manager are implementing in accordance with heading 4, Chapter 3. The evaluation is carried out by qualified individuals who are not themselves associated with the activities in question.
The results of these independent evaluations are duly substantiated and brought to the attention of the security authority. The security authority recommends that the Minister take appropriate measures to address any deficiencies that would have been revealed by the independent assessment.
Art. 221. § 1^er. The security authority may at any time take the necessary steps to verify, on board trains circulating on the Belgian network, whether train drivers are provided with documents issued under this Rail Code.
§ 2. Regardless of the verification provided in § 1^er, in the event of work negligence, the safety authority may verify whether the driver in question meets the requirements set out in section 135, paragraphs 3 and 4.
§ 3. The security authority may conduct investigations into compliance with this Rail Code and its enforcement orders by drivers, railways, infrastructure manager, examiners and training centres.
§ 4. If the safety authority considers that a driver no longer meets one or more required requirements, it shall take the following steps:
1° if it is a train operator licence issued by the security authority, the security authority suspends the train operator's licence. The suspension is provisional or final based on the importance of the risk for railway safety.
She immediately notified her decision motivated to the individual and to her employer. It also indicates the procedure to be followed to recover the train driver's license;
2° if it is a licence issued by a competent authority of another Member State, the security authority shall apply to that authority for a reasoned request, either for a further inspection or for the suspension of the train operator licence. The security authority shall inform the European Commission and other competent authorities of its substantiated request. The security authority has the power to prohibit a train operator from operating on the Belgian network pending notification of the decision of the issuing authority concerned.
If the security authority in turn receives a reasoned application for a train operator licence that it has issued itself, it shall review the said application within four weeks and notify the authority that has entered it. In this case, the security authority also informs the European Commission and other competent authorities of its decision;
3° if it is an attestation, the security authority shall address the issuer of the certificate and shall request, either a supplementary check or a suspension of the certificate. The transmitter shall take the necessary measures and inform the security authority within four weeks. The security authority may prohibit a train operator from operating on the Belgian network pending information from the transmitter. It informs the European Commission and other competent authorities.
The security authority shall decide on the continuation of its possible ban on the Belgian network, within 10 days of receipt of the information referred to in paragraph 1^erThree.
Without prejudice to Article 70, § 2 et seq. of this Rail Code, if the security authority considers that a specified driver constitutes a serious threat to railway safety, it shall immediately take the necessary steps, for example, to request the railway infrastructure manager to stop the train and to prohibit the driver concerned from operating on the Belgian network as long as it is necessary. It informs the European Commission and other competent authorities of such a decision.
The security authority shall immediately notify the person concerned and the employer of his or her decision, indicating, where appropriate, the conditions and procedure to be followed in order to recover the certificate, without prejudice to the right of appeal provided for in section 142, § 3.
In all such cases, the security authority shall update the registry provided for in section 132.
§ 5. If the security authority considers that a decision taken by a competent authority of another Member State under § 4 does not meet the relevant criteria, the European Commission is seized of the matter. The security authority may maintain the prohibition against a train conductor in Belgian territory in accordance with § 4, until the European Commission has rendered its opinion.
PART 8. - Abrogatory, transitional and final provisions
CHAPTER 1^er. - Abrogatory provisions
Art. 222. Are repealed:
1° the Act of 4 December 2006 on the use of railway infrastructure, last amended by the Act of 2 December 2011;
2° the Act of 19 December 2006 on railway safety, last amended by the Act of 28 December 2011;
3° the law of 26 January 2010 on the interoperability of the railway system within the European Community, amended by the Royal Decree of 13 November 2011 and by the law of 2 December 2011.
CHAPTER 2. - Transitional provisions
Art. 223. Proceedings pending before the Council of the Competition, including remedies that may be brought against these decisions, will be continued and closed in accordance with the applicable rules by 2 February 2007.
Art. 224. The provisions of Part II, Chapter V, of the Act of 19 December 2006 relating to the safety of railway operations, an earlier chapter in Part II, Chapter V, of the same Act, introduced by the Act of 26 January 2010 amending the Act of 4 December 2006 relating to the use of railway infrastructure and the Act of 19 December 2006 relating to the security of railway operations with respect primarily to the certification of safety personnel and maintenance of vehicles, remain applicable until These provisions will be implemented as follows:
1° The licences and certificates shall be issued in accordance with the provisions of Title 5 of this Railway Code to train operators who provide cross-border, coastal or freight transport services in another Member State of the European Communities, or who work in at least two Member States of the European Union, subject to the provisions of Article 225, paragraphs 1 and 2.
All train conductors performing the above-mentioned services, including those who do not yet have a licence or certificate in accordance with Part 5 of this Rail Code, are subject to periodic audits under sections 129 and 137;
2° no later than two years after the establishment of the records referred to in sections 132 and 140, all new certificates and licences shall be issued in accordance with heading 5, subject to section 225, paragraphs 1^er and 2;
3° no later than seven years after the establishment of the records referred to in sections 132 and 140, all train drivers are in possession of licences and certificates in accordance with this Rail Code. The issuing entities take into account all professional skills already acquired by each train operator, so that this requirement does not entail unnecessary administrative and financial burdens.
The driving rights previously granted to the train operator are maintained to the extent possible. The issuing entities may, however, decide, for a train operator or group of train drivers, as the case may be, that additional examinations and/or training are required to issue licences and/or certificates under this Rail Code.
Art. 225. Train operators authorized to operate in accordance with the provisions applicable prior to entry pursuant to section 224, 1° or 2° may continue their work on the basis of their rights, for a maximum period of seven years after the establishment of the records referred to in sections 132 and 140.
The certification of train-driver apprentices who have commenced an approved education and training program or approved training prior to the entry into force of section 224, 1° or 2°, is ensured in accordance with existing provisions prior to the entry into force of the Act of 26 January 2010 amending the Act of 4 December 2006 relating to the use of railway infrastructure and the Act of 19 December 2006 concerning the safety of railway operations with respect to
The safety authority, railway companies and the railway infrastructure manager shall ensure that periodic audits corresponding to those provided for in sections 129 and 137 are applied progressively to drivers who do not have licences and certificates issued in accordance with Directive 2007/59/EC.
CHAPTER 3. - Final provisions
Art. 226. The King may coordinate the provisions of this Rail Code and the provisions that would have expressly or implicitly amended it at the time the coordination is established.
To this end, He may:
1° amend the order, numbering and, in general, the presentation of the provisions to be coordinated;
2° amend the references contained in the provisions to be coordinated with a view to aligning them with the new numbering;
3° amend the drafting of the provisions to be coordinated in order to ensure their consistency and to unify the terminology without prejudice to the principles set out in these provisions.
The coordination will include the following title: "Rail Code".
It shall enter into force on the date of its confirmation by law.
Art. 227. The King sets the date of entry into force of this Rail Code.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 30 August 2013.
PHILIPPE
By the King:
The Minister of the Interior,
Ms. J. MILQUET
Secretary of State to Mobility,
Mr. WATHELET
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013
House of Representatives.
Documents. - Bill, 53-2855 - No. 1. - Amendment, 53-2855 - No. 2. - Report, 53-2855 - No. 3. - Text adopted by the Commission, 53-2855 - No. 4. - Text adopted in plenary and transmitted to the Senate, 53-2855 - No. 5.
Full report. - 17 July 2013.
Senate.
Documents. - Project referred to by the Senate, 5-2210 - No. 1. - Report, 5-2210 - No. 2. - Decision not to amend, 5-2210 - No. 3.
Annales of the Senate. - 18 July 2013.

Annex 1^re
Services to be provided to railway companies
1. All minimum benefits include:
(a) processing requests for railway infrastructure capacity;
(b) the right to use the capabilities granted;
(c) the use of railway infrastructure, including network connections and needles;
(d) the control of the traffic of trains, including signalling, regulation, dispatching, as well as the communication and provision of information concerning the traffic of trains;
(e) the use of the power supply system for the traction current, if applicable;
(f) any other information necessary for the implementation or operation of the service for which the capabilities have been granted.
2. Access, including access to lanes, is provided to the following service facilities, where they exist, and to the services offered at these facilities:
(a) passenger stations, their buildings and other infrastructure, including the display of travel information and suitable spaces for ticketing services;
(b) cargo terminals;
(c) yards and training stations, including manoeuvring stations;
(d) garage lanes;
(e) maintenance facilities, with the exception of heavy maintenance services, reserved for high-speed trains or other types of rolling stock requiring specific facilities;
(f) other technical infrastructure, including cleaning and washing facilities;
(g) marine and inland port infrastructure related to railway activities;
(h) assistance infrastructure;
(i) the fuel supply infrastructure and the provision of fuel in these infrastructure, which are listed separately on invoices.
3. Additional benefits may include:
(a) the power current, whose royalties will be separated, on invoices, from fees for the use of the power supply system, without prejudice to the application of Directive 2009/72/EC;
(b) car preheating;
(c) Customized contracts for:
- the control of the transport of dangerous goods;
- assistance to the movement of special convoys.
4. Related benefits may include:
(a) access to the telecommunications network;
(b) providing additional information;
(c) technical control of rolling stock;
(d) ticketing services in passenger stations;
(e) heavy maintenance services provided in maintenance facilities reserved for high-speed trains or other types of rolling stock requiring specific facilities.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 2
Network reference document
The network reference document contains the following information:
1. A chapter outlining the nature of the infrastructure that is available to railway companies and the conditions for access to this infrastructure.
2. A chapter on pricing principles and tariffs. This chapter contains appropriate details of the pricing system and sufficient information on fees for services listed in Appendix 1^re which are offered by a single supplier. It describes in detail the method, regulations and, where applicable, the scales used to apply the pricing principles referred to in Article 50, §§ 2 and 3, and Articles 56 to 59. It contains information on changes to royalties already decided or planned.
3. A chapter on principles and criteria for capacity-sharing. This chapter outlines the major features of the infrastructure capacity available to railway companies and outlines any restrictions that limit their use, including the likely constraints imposed by the maintenance of the network. It also specifies the procedures and deadlines for the allocation of capacity and sets out the specific criteria applicable, including:
(a) procedures for the introduction of capacity requests to the infrastructure manager by candidates;
(b) the provisions to which candidates must satisfy;
(c) deadlines for application and distribution procedures;
(d) the principles governing the coordination process;
(e) the procedures to be followed and the criteria to be applied when the infrastructure is saturated;
(f) details of restrictions on the use of infrastructure;
(g) rules regarding the possible inclusion of prior levels of capacity use in determining priorities in the distribution process.
This chapter outlines the measures taken to ensure adequate treatment of freight services, international services and requests submitted in accordance with the ad hoc procedure.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 3
Timetable for the distribution process
1. The service schedule is established once a calendar year.
2. The changes to the service schedule occur at midnight on the second Saturday of December. When a change or adjustment is made after the winter, in particular to take into account, where applicable, the changes in the time schedule of the regional passenger traffic, it intervenes at midnight on the second Saturday of June and, where applicable, at other times between these dates. Infrastructure managers may agree on different dates, in which case they inform the Commission, if international traffic is affected.
3. The deadline for the introduction of capacity requests to be included in the service schedule may not exceed twelve months prior to the entry into force of this schedule.
4. At the latest eleven months prior to the coming into force of the service schedule, the infrastructure manager establishes interim international links in cooperation with other relevant distribution agencies. The infrastructure manager shall ensure to the extent possible that these links are respected as a result of the procedure.
5. No later than four months after the deadline for the submission of bids by the applicants, the Infrastructure Manager sets out a proposed service schedule.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 4
Common security indicators
Common security indicators are reported annually by the security authorities. The first reporting period covers 2010.
If new facts or errors are discovered after the report is submitted, the indicators for a specific year are modified or corrected by the security authority on the first occasion and at the latest when the next annual report is submitted.
For the accident indicators referred to in section 1, Regulation (EC) No. 91/2003 of the European Parliament and Council of 16 December 2002 on railway transport statistics applies provided that the information is available.
1. Accident indicators
1.1. Total and relative number (per kilometer-train) of significant accidents and ventilation according to the following types of accidents:
- train collisions, including collisions with obstacles inside the template;
- train derailments;
- accidents at grade crossings, including pedestrian accidents;
- accidents of people caused by moving rolling stock, with the exception of suicides;
- fires in rolling stock;
- others.
Each significant accident is reported according to the type of primary accident, although the consequences of the secondary accident are more severe, such as a fire after derailment.
1.2. Total and relative number (per kilometer-train) of seriously injured persons and persons killed by type of accident, with the following categories:
- passengers (also in relation to the total number of passengers-kilometers and passenger-kilometer train);
- staff, including subcontractors;
- users of crossings;
- unauthorized persons located in the railways;
- others.
2. Indicators for dangerous goods
Total and relative number (per kilometer-train) of accidents during the carriage of dangerous goods, the categories being:
- accidents involving at least one railway vehicle carrying dangerous goods, as defined in the appendix;
- number of accidents involving the release of hazardous substances.
3. Suicide indicators
Total and relative number (per kilometer-train) of suicides.
4. Indicators for accident precursors
Total and relative number (per kilometer-train) of:
- rail breaks;
- leasing of the track;
- signal failures that are not safe;
- dangerous signal crossings;
- wheel breaks and axles of rolling stock in service.
All precursors are notified, whether or not they cause an accident. Precursors that result in an accident are notified in the CSIs on precursors. If significant, accidents occurred are reported in the CSIs for accidents referred to in section 1.
5. Indicators on the economic impact of accidents
Total and relative cost (per kilometer-train), in euros:
- number of serious deaths and injuries multiplied by the value of prevention of a death or serious injury (Value of Preventing a Casualty, "VPC");
- costs of environmental damage;
- costs of material damage to rolling stock or infrastructure;
- costs of delays as a result of an accident.
The safety authorities notify the economic impact of all accidents or the economic impact of significant accidents only. This choice must be clearly indicated in the annual report referred to in section 78.
The VPC is the value that the company attributes to the prevention of a serious death or injury and, as such, is not a reference for compensation between the parties involved in an accident.
6. Indicators for technical infrastructure security and its implementation
6.1. Percentage of track with automatic train protection system (ATP) in service, percentage of kilometres-train using operational ATP systems.
6.2. Number of grade crossings (total, per line mile and per track kilometre), with the following eight categories:
(a) active crossings with:
(i) Automatic warning to user side;
(ii) Automatic user side protection;
(iii) Automatic user side protection and warning;
(iv) Automatic protection and warning on the user side and rail side protection;
(v) user-side manual warning;
(vi) manual user protection;
(vii) manual protection and warning on user side.
(b) Passive crossings.
7. Safety management indicators
Internal audits conducted by the infrastructure manager and railway companies, as defined in the security management system documentation. Total number of audits performed and percentage of audits required (and/or planned).
8. Definitions
Common definitions of SAIs and common methods for calculating the economic impact of accidents are included in the appendix.
APPENDIX
Common definitions of SAIs and common methods for calculating the economic impact of accidents
1. Accident indicators
1.1. "significant accident": any accident involving at least one moving railway vehicle causing death or serious injury for at least one person or significant damage to rolling stock, track, other facilities or the environment, or significant interruptions in traffic. Accidents occurring in workshops, warehouses and warehouses are excluded.
1.2. "significant damage to rolling stock, track, other facilities or the environment": any damage equivalent to or greater than EUR 150,000.
1.3. "significant traffic interruptions": the suspension of railway services on a main railway line for six or more hours.
1.4. "train": one or more railway vehicles to be driven by one or more locomotives or self-propellers or a self-propelled motor under a specific number or designation from an initial fixed point to a terminal fixed point. A locomotive tops the foot, i.e. a single locomotive, is considered a train.
1.5. "train collision, including collisions with obstacles inside the template": a frontal, lateral or rear collision between part of a train and part of another train, as well as:
(i) manoeuvring rolling stock;
(ii) fixed or temporary objects present on or near the tracks (except those at a crossing if lost by a vehicle or a passenger crossing the tracks).
1.6. "train derailment": any case of figure in which at least one wheel of a train leaves the rails.
1.7. "accidents at crossings": accidents occurring at crossings and involving at least one railway vehicle and one or more vehicles crossing the tracks, other users crossing the tracks such as pedestrians, or other objects temporarily present on or near the track if they are lost by a vehicle or a passenger crossing the tracks.
1.8. "accidents of persons caused by moving rolling stock": accidents suffered by one or more persons struck by a railway vehicle or by an object attached to or detached from it. Included are persons who fall from a railway vehicle, as well as persons who fall or are struck by mobile objects when travelling on vehicles.
1.9. "fires in rolling stock": fires and explosions that occur in railway vehicles (including their loading) when they roll between their departure station and their arrival station, including when they are at the stop in the departure station, in the destination station or in the intermediate stops, as well as during the sorting operations of the cars.
1.10. "other types of accident": any accident other than those already mentioned (train collision, train derailment, grade crossing accidents, moving rolling stock accidents, and rolling stock fires).
1.11. "passenger": any person, with the exception of train service personnel, who travels in a railway vehicle. For accident statistics, passengers attempting to board/disembark a moving train are included.
1.12. "Personal (including staff of subcontractors and independent subcontractors)": any person who works in relation to the railways and is in service at the time of the accident. This includes train personnel and those responsible for the handling of rolling stock and infrastructure.
1.13. "users of grade crossings": any person crossing a level crossing to cross the railway line by any means of transport or on foot.
1.14. "Unauthorized persons in railway right-of-way": any person present in railway right-of-way, while such presence is prohibited, with the exception of crossing users.
1.15. "others (third parties)": any person who does not enter the categories "passengers", "persons, including subcontractors' staff", "users of crossings" or "unauthorized persons in railway outlets".
1.16. "death (killed person)": any person killed on the blow or died within thirty days of an accident, with the exception of suicides.
1.17. "injury (severely injured)": any injured person who was hospitalized for more than twenty-four hours following an accident, with the exception of suicide attempts.
2. Indicators for dangerous goods
2.1. "accident involving the carriage of dangerous goods": any accident or incident being reported in accordance with RID/ADR, section 1.8.5.
2.2. "dangerous goods": substances and articles whose carriage is either prohibited by RID or permitted only under the conditions specified in this RID.
3. Suicide indicators
3.1. "suicide": act committed by any person who deliberately acts to inflict bodily harm resulting in death, as recorded and classified by the competent national authority.
4. Indicators for accident precursors
4.1. "rail breaks": any rail that separates in two or more pieces, or any rail with a piece of metal detached, resulting in a hole of more than 50 mm in length and more than 10 mm in depth at the contact surface of the rail.
4.2. "track clearances": defects in the track's continuum and geometry, requiring immediate lane closure or reduced speed to ensure safety.
4.3. "non-safe signal failures": any failure of a signalling system (infrastructure or rolling stock) that has less restrictive information than required.
4.4. "dangerous signal crossing": any case in which any part of a train exceeds the limits of its authorized movement.
An unauthorised movement means passing:
- a lateral light signal or a closed semaphore, an order to stop, when an automatic train control system (ATCS) or an ATP system is not operational;
- the termination of a security-related movement authorization in ATCS or ATP systems;
- a point provided by verbal or written authorization in the regulations;
- stop panels (excluding clashes) or hand signals.
Not included are the cases in which vehicles without a traction unit or a train without a train conductor cross a closed signal without authorization. Neither are the figures in which, for any reason, the signal is not closed early enough to allow the train operator to stop the train before the signal.
National security authorities can report the four points separately and notify at least one global indicator of the four elements.
4.5. "wheel and axle breaks": a break that affects the essential parts of the wheel or axle that generates a risk of accident (derailment or collision).
5. Common methods for calculating the economic impact of accidents
5.1. The prevention value of a serious death or injury (VPC) consists of:
1) the value of security in itself: values of the will to pay (Willingness to Pay, WTP) based on studies of preference reported in the Member State for which they apply;
(2) direct and indirect economic costs: costs estimated in the Member State consisting of:
- medical and rehabilitation expenses;
- legal fees, police costs, private accident investigations, emergency services fees and administrative insurance costs;
- losses of production: value for the company of goods and services that could have been produced by the person if the accident had not occurred.
5.2. Common principles for assessing the value of security in itself and direct and indirect economic costs:
With respect to the value of security in itself, the determination of whether or not the available estimates are based on the following considerations:
- estimates relate to a system for assessing the reduction of mortality risk in the transport sector and follow a WTP-based approach based on declared preference methods;
- the sample of respondents used for the values is representative of the population concerned. In particular, the sample must reflect the distribution of age and income and other relevant socio-economic or demographic characteristics of the population;
- the method for obtaining WTP values: the study is designed so that questions are clear and meaningful to respondents. Direct and indirect economic costs are estimated on the basis of actual costs borne by the company.
5.3. "costs of environmental damage": costs that must be borne by railways or infrastructure manager, assessed on the basis of their experience, to return the damaged area to the state where it was before the railway accident.
5.4. "costs of material damage caused to rolling stock or infrastructure": the cost of the provision of new rolling stock or infrastructure with the same functionalities and technical parameters as those irreparably damaged, and the cost of the delivery of rolling stock or repairable infrastructure in the condition they were in before the accident. These two costs are estimated by rail companies or the infrastructure manager on the basis of their experience. These costs also include costs associated with the rental of rolling stock as a result of the unavailability of damaged vehicles.
5.5. "costs of delays as a result of an accident": the monetary value of delays incurred by rail transport users (passengers and freight customers) as a result of accidents, calculated according to the following model:
VT = monetary value of travel time gains value of time for a train passenger (per hour);
VT P = [VT of passengers travelling for work]*[average percentage of passengers travelling for work per year] + [VT of passengers not travelling for work]*[average percentage of passengers not travelling for work per year]
VT measured in euros per passenger and per hour time value for a freight train (per hour)
VT F = [VT of freight trains]*[(tonne-km)/(km-train)]
VT measured in euros per ton of goods per hour
Average tonnage of goods carried per train per year = (tonne-km)/(km-train)
C M = cost of one (1) minute train delay
TRAIN DE PASSAGES
C MP = K 1 *(VT P /60)*[(passager-km)/(km-train)]
Average number of passengers per train per year = (passength-km)/(km-train)
TRAIN DE MARCHANDISES
C MF = K 2 * (VT F /60)
Factors K 1 and K 2 are between the value of time and the value of delay, as estimated by the stated preference studies, to take into account that the loss of time as a result of delays is perceived much more negatively than the normal duration of the journey.
Cost of delays as a result of an accident = C MP *(minutes delay of passenger trains) + C MF *(minutes delay of freight trains).
Application field of the model.
The costs of delays are calculated for all accidents, whether significant or not.
The delays are calculated as follows:
- actual delays on railway lines where the accident occurred;
- actual delays or, if not, estimated delays on other affected lines.
6. Indicators for technical infrastructure security and its implementation
6.1. "Automatic train protection system (ATP)": system that forces to respect signals and speed limits by speed control, including automatic stop to signals.
6.2. "level crossing": any crossing between the railway track and a crossing, as recognized by the infrastructure manager, and open to public or private users. The crossings between station docks are excluded, as well as the lanes reserved for the sole use of the staff.
6.3. "pass": any road, street or public or private highway, including bicycle paths and tracks, or any other path that allows the passage of people, animals, vehicles or machines.
6.4. "active crossing": crossing where the passenger is protected or alerted to a train's approach by activation of devices when it is dangerous for the passenger to cross the tracks.
- Protection through physical devices:
- semi-rear or full barrier
- portals.
- Warning by means of fixed equipment installed at crossings:
- visible devices: lamps;
- audible devices: bells, sirens, horns, etc.;
- physical devices, e.g., idyllic idling of vibrations.
Active grade crossings are classified as follows:
1) "level crossing with automatic protection and warning to the passenger side": level crossing where protection and/or warning are activated by approaching the train.
These grade crossings are classified as follows:
(i) Automatic warning to user side;
(ii) Automatic user side protection;
(iii) Automatic user side protection and warning;
(iv) Automatic protection and warning on the user side and rail side protection.
"rail side protection": a signal or other train protection system that allows the train to continue only if the crossing ensures the protection of users and is free of obstacles; for this purpose, means of monitoring and/or detection of barriers are used.
2) "level crossing with manual protection and warning to the passenger side": crossing where the protection and/or warning are activated manually and where there is no train signal signalling to the train that it can only continue when the level crossing protection and/or warning are activated.
These grade crossings are classified as follows:
(i) manual user warning;
(ii) manual user protection;
(iii) manual user protection and warning.
6.5. "passive crossing": level crossing without any form of warning and/or protection system activated when it is dangerous for the user to cross the tracks.
7. Safety management indicators
7.1. "audit": a systematic, independent and documented process for obtaining evidence and objective evaluation to determine the extent to which the audit criteria are met.
8. Definitions of calibration bases
8.1. "km-train": measuring unit corresponding to the movement of a train over a kilometre. The distance used is the distance actually travelled, if available; otherwise, the standard network distance between origin and destination is used. Only the distance in the national territory of the reporting country is taken into account.
8.2. "passenger-km": measuring unit corresponding to the transport of a passenger by rail on a kilometre. Only the distance in the national territory of the reporting country is taken into account.
8.3. "km of line": length in kilometres of the railway network of the Member States, whose scope is defined in Article 2. With respect to multi-lane railway lines, only the distance between the starting point and the destination point is taken into account.
8.4. "km of track": length in kilometres of the railway network of the Member States, whose scope is defined in Article 2. Each track of a multi-lane railway line is considered.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 5
Security management systems
1. Security Management System Requirements
The security management system must be documented in all of its parts, including the distribution of responsibilities within the organization of the infrastructure manager or railway company. It indicates how management ensures control at different levels of the organization, how staff and representatives at all levels participate and how the continuous improvement of the security management system is ensured.
2. Elements of the security management system.
2.1. The key elements of the security management system are:
(a) a security policy approved by the organization manager and communicated to all staff;
(b) the organization's qualitative and quantitative objectives in the maintenance and improvement of safety, as well as plans and procedures for achieving these objectives;
(c) procedures to meet existing, new and amended technical and operational standards or other defined requirements:
- in ITS, or
- in the national rules referred to in section 68 and Annex 5, or
- in other relevant rules, or
- in the decisions of the authority, and procedures to ensure compliance with these standards and other requirements throughout the life cycle of equipment and activities;
(d) procedures and methods of risk assessment and implementation of risk control measures whenever a change in operating conditions or the introduction of new equipment entails new risks to infrastructure or operation;
(e) training programmes for staff and systems to ensure that staff skills are maintained and that work is carried out accordingly;
(f) provisions guaranteeing sufficient information within the organization and, where appropriate, between organizations operating on the same infrastructure;
(g) procedures and formats for documentation of security information and the determination of the procedure for monitoring vital security information configuration;
(h) procedures to ensure that accidents, incidents and other hazardous events are reported, examined and analysed and that necessary preventive measures are taken;
(i) action, alert and information plans in the event of an emergency, adopted in accordance with the relevant public authorities;
(j) provision for regular internal audit of the security management system.
2.2. The other elements of the security management system are:
The internal rules, complementary to the national security rules and referred to in Article 68, § 4, some of which are part of the essential elements of the security management system. The requirements relate to the essential elements referred to in 2.1, all safety guidelines addressed to staff.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 6
Content of accident and incident investigation reports
(1) SUMMARY
The summary contains a brief description of the event, indicating the date, location and consequences. It sets out the direct causes and factors that contributed to the event and the underlying causes established by the investigation. The main recommendations are indicated, as well as information on the recipients of these recommendations.
(2) IMMEDIATE DEVELOPMENTS
1. Event:
- date, exact time and place of the event;
- description of the circumstances and site of the accident, including emergency and relief efforts;
- decision to open an investigation, composition of the team of investigators and completion of the investigation.
2. The circumstances of the event:
- staff and contractors involved and other parties and witnesses;
- trains and their composition, as well as the recording number of the involved rolling stock;
- description of the infrastructure and signalling system - track types, switches, activation, signals, train protection;
- means of communication;
- work done on or near the site;
- the initiation of the railway emergency plan and its chain of events;
- the launch of the emergency plan for public emergency services, police and medical services and its chain of events.
3. Human losses, injured persons and property damage:
- passengers and third parties, including contractors;
- freight, baggage and other goods;
- rolling stock, infrastructure and environment.
4. External circumstances:
- meteorological conditions and geographical references.
(3) SUMMARY RECORD
1. Summary of testimonies (subject to protection of the identity of persons):
- railway personnel, including contractors;
- other witnesses.
2. Security Management System:
- organizational framework and manner in which orders are given and executed;
- requirements applicable to staff and their compliance;
- internal control and verification routines and their results;
- interface between the various actors present on the infrastructure.
3. Rules and regulations:
- applicable community and national public rules and regulations;
- other rules, such as operating rules, local instructions, personnel requirements, maintenance requirements and applicable standards.
4. Operation of rolling stock and technical installations:
- signalling and control system, including records of automatic data recorders;
- infrastructure;
- communications equipment;
- rolling stock, including records of automatic data recorders.
5. Documentation of the operating system:
- measures taken by staff for traffic control and signalling;
- exchange of verbal messages in relation to the event, including records;
- measures taken to protect and safeguard the site of the event.
6. Man-machine-organization interface:
- working time of the staff involved;
- medical and personal circumstances that influenced the event, including physical or psychological stress;
- design of equipment having an impact on the man-machine interface.
7. Previous events of comparable nature.
(4) ANALYSIS AND CONCLUSIONS
1. Final report of the event chain:
- preparation of the findings on the event, based on the facts set out in the item.
2. Discussion:
- analysis of the facts set out in point (3) to draw conclusions on the causes of the event and the effectiveness of emergency services.
3. Conclusions:
- immediate and indirect causes of the event, including factors that contributed to the event and related to the measures taken by the persons involved or the condition of the rolling stock or technical facilities;
- underlying causes related to skills, procedures and maintenance;
- root causes related to the conditions of the regulatory framework and the application of the security management system.
4. Additional comments:
- deficiencies and deficiencies identified during the investigation, but without impact on the findings of causes.
(5) MEASURES TO BE PRIVATE
- Report on measures already taken or adopted following the event.
(6) RECOMMENDATIONS
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 7
Events to be communicated by railway companies, the railway infrastructure manager and, where applicable, the security authority in accordance with Article 93, § 1^er
1. serious accidents;
2. accidents and incidents that, under slightly different circumstances, could have led to serious accidents, including technical failures at the level of structural subsystems or interoperability components of the high-speed or conventional trans-European railway system;
3. a leak or risk of a leak of dangerous substances resulting in the evacuation of the premises and the initiation of the intervention plan at the municipal, provincial or federal level;
4. any event involving a total interruption of rail traffic on a line for an estimated duration of at least two hours.
Seen to be annexed to the Act of 30 August 2013.

Annex 8
Medical requirements
1. General requirements
1.1. Train operators shall not be subject to any pathology or to follow any medical treatment or to take drugs or substances that may cause:
- a sudden loss of consciousness;
- a decrease in attention or concentration;
- a sudden incapacity;
- loss of balance or coordination;
- a significant limitation of mobility.
1.2. Vision
The following vision requirements must be met:
- visual acuity from far, with or without correction: 1.0 with at least 0.5 for the least performing eye;
- maximum corrective lenses: hypermetropic: + 5/myopia: - 8. Derogations are allowed in exceptional cases and after consulting an eye specialist. The doctor then makes the decision;
- close and intermediate vision: sufficient, whether assisted or not;
- contact lenses and glasses are allowed if checked periodically by a specialist;
- normal color vision: use of a recognized test, such as Ishihara, completed by another test recognized if necessary;
- field of vision: complete;
- vision of both eyes: effective; not required where the interested party has adequate adaptation and has acquired sufficient compensation capacity. Only in the case where the person concerned lost the binocular vision while he was already performing his duties;
- binocular vision: effective;
- recognition of coloured signals: the test must be based on the recognition of particular colours and not on relative differences;
- contrast sensitivity: good;
- absence of an evolving eye disease;
- eye implants, keratotomies and keratectomies are allowed provided that they are checked annually or according to a periodicity fixed by the doctor;
- resistance to glare;
- coloured contact lenses and photochromatic lenses are not allowed. The lenses with a UV filter are allowed.
1.3. Hearing and verbal expression requirements
Sufficient hearing confirmed by an audiogram, i.e.:
- sufficient hearing to conduct a telephone conversation and be able to hear alert keys and radio messages.
The following values are provided for information purposes:
- the hearing deficit shall not exceed 40 dB to 500 and 1000 Hz;
- the hearing loss shall not exceed 45 dB to 2,000 Hz for the ear with the least sound air conduction;
- absence of anomaly of the vestibular system;
- lack of chronic language disorder (because of the need to exchange high and intelligible voice messages);
- acoustic devices are allowed in special cases.
1.4. Pregnancy
In case of low tolerance or pathological condition, pregnancy must be considered a temporary cause of exclusion of train drivers. Legal provisions protecting pregnant conductors must be applied.
2. Minimum pre-assignment review content
2.1. Medical examinations:
- general medical examination;
- examinations of sensory functions (vision, hearing, colour perception);
- blood or urine analysis, including the detection of diabetes mellitus, to the extent necessary to assess the candidate's physical fitness;
- electrocardiogram (ECG) at rest;
- searching for psychotropic substances, such as illicit drugs or psychotropic medication, and alcohol abuse involving the ability to exercise the function;
- cognitive abilities: attention and concentration, memory, perception capacity, reasoning;
- communication;
- psychomotor skills: reaction speed, gestural coordination.
2.2. Professional psychological examinations
Psychological examinations at the professional level are intended to provide assistance at the level of staff assignment and management. In determining the content of the psychological assessment, the examination must verify that the train driver does not have recognized professional psychological impairments, particularly at the operational level, or a factor affecting his or her personality, which could compromise the performance of his or her duties safely.
3. Periodic reviews after assignment
3.1. Frequency of medical examinations
Medical examinations (physical fitness) are performed every three years at least up to the age of 55, then every year.
This frequency shall be increased by the person or body recognized under section 142, 9°, if the health condition of the staff member so requires.
Without prejudice to Article 137, paragraph 1^eran appropriate medical examination shall be conducted if there is reason to believe that the licensee of the licence or certificate no longer meets the medical requirements set out in paragraph 1 of this annex.
Physical fitness is checked regularly and after any work accident and after any interruption of work due to an accident involving people. The person or body recognized under section 142, 9°, may decide to carry out an appropriate complementary medical examination, especially after a period of absence of at least 30 days due to illness. The employer must ask the person or body recognized under section 142, 9°, to verify the physical fitness of the train driver if he or she has been required to relieve him of his or her duties for security reasons.
3.2. Minimum contents of medical periodic examination
If the train driver meets the criteria required during the medical examination that is performed prior to assignment, periodic examinations shall include at least:
- general medical examination;
- a review of sensory functions (vision, hearing, colour perception);
- blood or urine testing for diabetes mellitus and other diseases based on clinical examination indications;
- the search for drugs if there are clinical indications in this sense.
In addition, for train drivers over the age of 40, the ECG at rest is also required.
3.3. Frequency of psychological examinations
Psychological examinations are carried out every ten years.
In determining the contents of the psychological assessment, the examination must verify that the train operator does not have recognized professional psychological impairments, particularly at the operational level, or a factor affecting his or her personality, which could jeopardize the performance of his or her duties safely.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 9
Training methodology
A good balance should be ensured between theoretical training (in class and in the form of demonstrations) and practice (work experience in real conditions, conducted under and without supervision on tracks that are blocked for training purposes).
Computer-assisted training is allowed for individual learning of operating rules, signalling contexts, etc.
Although optional, the use of simulators can be useful for effective train driver training. They are particularly useful for training on abnormal working conditions or rules that are rarely applied. They have the advantage of allowing train drivers to learn through practice to react to situations that cannot be the subject of training in reality. In principle, the latest generation simulators must be used.
With regard to the acquisition of knowledge on the itineraries, it is necessary to focus on the approach that the train driver accompanies another train driver for an appropriate number of trips on the route concerned, day and night. Another form of learning among others is to use video recordings of itineraries made from the train driver's cabin.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 10
General professional knowledge and licensing requirements
The objective of general training is:
- the acquisition of knowledge of railway techniques and related procedures, including safety principles and the philosophy on which operational regulations are based;
- the acquisition of knowledge of the risks associated with the railway operation and of the various means to be deployed to control them, and of the related procedures;
- the acquisition of knowledge of the principles governing one or more modes of railway operations and related procedures;
- the acquisition of knowledge of trains, their constituent elements and technical requirements for motor vehicles, cars, cars and the rest of the rolling stock, and related procedures.
In particular, the train operator shall be capable of:
- to assess the requirements of the train operator's profession, the importance of this profession and its professional and private constraints (long-term work periods, absence of the family home, etc.);
- to apply staff safety rules;
- to identify rolling stock;
- knowing a method of work and applying it rigorously;
- to determine the reference and application documents (manual procedures and manual of the lines, as defined in Commission Decision 2008/231/EC of 1^er February 2008 concerning the technical specification of the interoperability of the subsystem operation of the trans-European railway system referred to in Article 6, paragraph 1, of Council Directive 96/48/EC repealing Decision 2002/734/EC, as amended by the Commission Decision of 23 July 2012, manual of the train conductor, manual of troubleshooting, etc.);
- to acquire behaviours consistent with the exercise of key security responsibilities;
- to determine the procedures to be implemented in the event of an accident affecting persons;
- to identify the risks associated with railway operations in general;
- to know the various principles governing the safety of traffic;
- to apply the basic principles of electrotechnical.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 11
Professional knowledge of rolling stock and certification requirements
After the specific training on rolling stock, the train operator must be able to perform the following tasks.
1. Tests and checks required prior to departure
The train operator shall be capable of:
- gather the necessary documentation and equipment;
- to verify the engine engine capacity;
- verify the information recorded in the documents on the engine machine;
- to ensure, by performing the required checks and tests, that the engine gear is able to provide the necessary traction effort and that the safety equipment operates;
- verify that the prescribed protective and safety equipment is in place and operate during the traction relays and at the beginning of the trip;
- routine preventive maintenance operations.
2. Knowledge of rolling stock
To drive a locomotive, the train operator must know all of the control components and indicators available to it, in particular those related to:
- traction;
- braking;
- elements related to traffic safety.
In order to identify and locate an anomaly on rolling stock, report it and determine the repairs to be performed and, in some cases, intervene itself, must know:
- mechanical structures;
- suspension and liaison bodies;
- the working bodies;
- safety equipment;
- fuel tanks, fuel supply devices, exhaust bodies;
- the marking device, both inside and outside the rolling stock, including symbols used for the carriage of dangerous goods;
- the route registration systems;
- electrical and pneumatic systems;
- current capture organs and high voltage equipment;
- means of communication (radio ground-train, etc.);
- the organization of journeys;
- the constituent elements of the rolling stock, their role and the specific devices of the towed material, including the stopping system of the train by placing the atmosphere of the brake pipe;
- braking organs;
- the elements specific to the engines;
- Traction chain, motors and transmissions.
3. Brake tests
The train operator shall be capable of:
- verify and calculate, before departure, whether the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents;
- to verify the operation of the various parts of the braking device of the engine and train, if any, before moving, when running and during walking.
4. Type of walking and train speed depending on the characteristics of the line
The train operator shall be capable of:
- to be aware of the information transmitted to it before departure;
- to determine the type of operation and the limit speed of the train according to parameters such as speed limits, weather conditions or any changes in the signalling.
5. Train control so as not to degrade facilities or rolling stock
The train operator shall be capable of:
- to use all of the control devices at its disposal in accordance with the applicable rules;
- to start the train by respecting the grip and power constraints;
- use the brake for slowing and stopping, taking into account rolling stock and installations.
6. Anomalies
The train operator shall:
- be able to pay attention to unusual events concerning the conduct of the train;
- be able to inspect the train and identify signs of anomaly, to differentiate them, to react according to their relative importance and to try to remedy them, preferring in all cases the safety of rail traffic and people;
- know the means of protection and communication available.
7. Incidents and accidents, fires and accidents affecting people
The train operator shall:
- be able to take protective and alert measures in the event of an accident affecting persons on board the train;
- be capable of determining whether the train carries dangerous substances and recognizing them on the basis of train documents or the list of cars;
- know the procedure for evacuation of a train in the event of an emergency.
8. Operating conditions after an incident involving rolling stock
After an incident, the train operator must be able to assess whether the equipment can continue to operate and under what conditions, so as to communicate these conditions to the infrastructure manager as soon as possible.
The train operator must be able to determine whether to conduct an expertise before the train returns.
9. Immobilization of the train
The train operator must be able to take the necessary measures to ensure that the train, or parts thereof, does not move in an unannounced way, even in the most delicate situations.
In addition, the train operator must know the measures to stop a train, or parts thereof, in the event that it began to move inadvertently.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 12
Professional knowledge of infrastructure and certification requirements
Infrastructure issues
1. Brake tests
The train operator shall be capable of verifying and calculating, before departure, that the train braking power corresponds to the braking power required for the line, as specified in the vehicle documents.
2. Type of walking and speed limit according to line characteristics
The train operator shall be capable of:
- to be aware of the information transmitted to it, such as speed limits or any change in signalling;
- to determine the type of step and the speed limit of the train according to the characteristics of the line.
3. Knowledge of the line
The train operator must be able to anticipate and respond in a manner that is appropriate in terms of safety and other benefits, such as punctuality and economic elements. As a result, it must have a good knowledge of the railway lines and facilities and any other agreed routes.
The following elements are important:
- operating conditions (track changes, traffic in one direction, etc.);
- verification of the route and consultation of the relevant documents;
- the determination of the routes usable for a given operating mode;
- the applicable traffic rules and the meaning of the signalling system;
- the operating regime;
- the cantonment system and associated rules;
- the name of the stations as well as the position and remote spotting of the stations and switch stations, in order to adapt the conduct accordingly;
- the transition signaling between different operating or power systems;
- the limit speeds for the different categories of trains driven by the agent;
- topographic profiles;
- special braking conditions such as those applicable to high-graded lines;
- operating features: special signs or signs, starting conditions, etc.
4. Security rules
The train operator shall be capable of:
- to start the train only once the required conditions are met (time, order or departure signal, opening of the signals if applicable, etc.);
- to observe the lateral and cabin signage, to decode it without hesitation or error and to execute the prescribed actions;
- to drive the train safely, in keeping with the particular operating modes: special steps on order, temporary speed limits, traffic in the opposite direction, clearance of closed signals in the event of an emergency, manoeuvres, rotations, road traffic, etc.;
- to comply with scheduled stops and additional stops, and to carry out, if necessary, additional operations related to the service of passengers during these stops, including the opening and closing of doors.
5. Train driving
The train operator shall be capable of:
- to know at any time his position on the line he travels;
- use brakes for slowing and stopping, taking into account rolling stock and installations;
- to adjust the course of the convoy in accordance with the schedule and possible energy saving instructions, taking into account the characteristics of the engine gear, train, line and environment.
6. Anomalies
The train operator shall be capable of:
- to be attentive, to the extent that the train's conduct allows, to unusual events concerning infrastructure and the environment: signals, track, power supply, crossings, roadsides, other equipment in circulation;
- to assess the clearance distance of obstacles;
- to communicate to the infrastructure manager, as soon as possible, the location and nature of the deficiencies identified, ensuring that it is understood by its interlocutor;
- taking into account the infrastructure, guaranteeing the safety of traffic and people or taking measures to guarantee it as necessary.
7. Incidents and accidents, fires and accidents affecting people
The train operator shall be capable of:
- take measures to protect the train and seek assistance in the event of an accident affecting persons;
- to determine the stopping place of the train following a fire and to facilitate the evacuation of passengers if necessary;
- to provide, as soon as possible, relevant information on the fire if it cannot control it itself;
- to communicate these conditions to the infrastructure manager as soon as possible;
- to assess whether the infrastructure allows the vehicle to continue rolling and under what conditions.
8. Language tests
Train drivers who must communicate with the infrastructure manager on key safety issues must have language knowledge in the language indicated. This knowledge must enable it to communicate actively and effectively in routine situations, problematic situations and emergencies.
Train drivers must be able to use the messages and communication method specified in Commission Decision 2008/231/EC of 1^er February 2008 concerning the technical specification of the interoperability of the subsystem operation of the trans-European railway system referred to in Article 6, paragraph 1^erof Council Directive 96/48/EC repealing Decision 2002/734/EC, as amended by the Commission ' s decision of 23 July 2012. It must be able to communicate in accordance with level 3 of the following table:
Language and communication levels
Oral fitness in a language can be divided into five levels:
Level - Description:
5 can adapt its way of speaking according to the interlocutor, can advance an opinion, can negotiate, can convince, can give advice;
4 may face totally unforeseen situations, may make assumptions, may express an opinion supported by arguments;
3 may face practical situations with an unforeseen element, may make a description, may participate in a simple conversation;
2 may face simple practical situations, may ask questions, may answer questions;
1 can speak using phrases learned by heart.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 13
Frequency of examinations
The minimum frequency of examinations is as follows:
a. language knowledge (only in cases where it is not the mother tongue of the person concerned): every three years or after any absence of more than one year;
b. knowledge of the infrastructure (including itineraries and operating rules): every three years or after a year's absence on the route concerned;
c. knowledge of rolling stock: every three years.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 14
Scope
1. Conventional Trans-European Railway System
1.1. Network
The network of the conventional trans-European railway system will be that of the conventional lines of the trans-European transport network identified in Decision No. 1692/96/EC.
For the purposes of this Rail Code, this network may be divided into the following categories:
- planned lines for passenger traffic;
- lines for mixed traffic (passengers and goods);
- specially designed or fitted for the traffic of goods;
- passenger nodes;
- goods nodes, including intermodal terminals;
- connections between the above elements.
This network includes traffic management, location and navigation systems, data processing and telecommunications technical facilities for long-range passenger transport and the transport of goods on this network to ensure the safe and harmonious operation of the network and the efficient management of traffic.
1.2. Vehicles
The Conventional Trans-European Railway System includes all vehicles capable of travelling on all or part of the Conventional Trans-European Railway Network, including:
- self-propelled powertrains with thermal or electric motors;
- traction motors with thermal or electric motors;
- passenger cars;
- freight cars, including vehicles designed for truck transport.
Construction and maintenance equipment for mobile rail infrastructure can be included.
Each of the above categories is subdivided into:
- vehicles for international use;
- vehicles for national use.
2. Trans-European High-speed Railway System
2.1. Network
The network of the high-speed trans-European railway system is that of the high-speed lines of the trans-European transport network identified in Decision No. 1692/96/EC.
High speed lines include:
- specially constructed lines for high speed, equipped for speeds generally equal to or greater than 250 km/h;
- specially equipped lines for high speed, equipped for speeds of 200 km/h;
- lines specially designed for high speed with a specific character due to topographical constraints, relief or urban environment, whose speed must be adapted case by case. This category also includes interconnection lines between high-speed and conventional networks, railway crossings, access to terminals, depots, etc., which are covered at conventional speed by "high speed" rolling stock.
This network includes traffic management, location and navigation systems, the technical data processing and telecommunications facilities planned for transport on these lines to ensure the safe and harmonious operation of the network and the efficient management of traffic.
2.2. Vehicles
The high-speed trans-European railway system includes vehicles designed to operate:
- either on lines specially constructed for high speed, at a speed of at least 250 km/h, while allowing, in appropriate circumstances, to reach speeds exceeding 300 km/h;
- either on the lines mentioned in point 2.1, when it is compatible with the performance levels of these lines, at a speed of 200 km/h.
In addition, vehicles designed to circulate at a maximum speed of less than 200 km/h that are likely to circulate on all or part of the high-speed trans-European railway network, when compatible with the performance levels of this network, meet the conditions that guarantee safe operation on this network. To this end, ITS for conventional vehicles also specify the requirements for safe operation of conventional vehicles on high-speed networks.
3. Compatibility of the railway system
The quality of European rail transport requires, among other things, excellent compatibility between the characteristics of the network (in the broad sense of the term, that is, including the fixed parts of all the subsystems concerned) and those of the vehicles (including the embedded parts of all the subsystems concerned). This compatibility depends on the performance, safety, quality of service and their cost.
4. Extension of application field
4.1. Subcategories of networks and vehicles
The scope of ITS is gradually extended to the entire railway system, as indicated in Article 8 of Directive 2008/57/EC. In order to ensure cost-effectiveness of interoperability, new subcategories may, if necessary, be developed for all categories of networks and vehicles referred to in this annex. Where applicable, the functional and technical specifications referred to in Article 5, paragraph 3 of Directive 2008/57/EC may differ according to the subcategory.
4.2. Cost guarantees
The cost/benefit analysis of the proposed measures will include the following:
- the cost of the proposed measure;
- benefits for the interoperability of an extension of the application field to certain subcategories of networks and vehicles;
- reducing capital costs through economies of scale and the best use of vehicles;
- reduction of investment expenditures and maintenance/operating costs through increased competition between manufacturers and maintenance companies;
- beneficial effects on the environment, thanks to the technical improvements of the railway system;
- improving operational safety.
In addition, this evaluation will indicate the likely consequences for all relevant economic operators and actors.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 15
Subsystems
1. List of subsystems
For the purposes of this Rail Code, the railway system may be subdivided according to the following subsystems:
(a) or areas of structural nature:
- infrastructure;
- energy;
- control and signalling on the ground;
- control and signage on board;
- rolling stock;
(b) areas of functional nature:
- operation and traffic management;
- maintenance;
- telematic applications to passenger services and freight service.
2. Description of subsystems
For each subsystem or subsystem, the list of components and aspects related to interoperability is proposed by the Agency during the development of the corresponding ITS project. Without prejudging the determination of these aspects and components of interoperability, or the order in which subsystems will be subject to ITS, subsystems include the following:
2.1. Infrastructure
The current track, track equipment, works of art (ponts, tunnels, etc.), infrastructure associated with the stations (whether, access areas, including the needs of people with reduced mobility, etc.), safety and protection equipment.
2.2. Energy
The electrification system, including air equipment and ground equipment in the electricity consumption measurement system.
2.3. Ground control and signalling
All ground equipment necessary to ensure the safety, control and control of the movement of the trains authorized to circulate on the network.
2.4. Control and signalling on board
All on-board equipment required to ensure the safety, control and control of the movement of authorized trains to be operated on the network.
2.5. Traffic operations and management
The associated procedures and equipment to ensure consistent operation of the different structural subsystems, both during normal operation and during degraded operations, including the composition and conduct of trains, traffic planning and management.
Professional qualifications required for cross-border services.
2.6. Telematic applications
In accordance with Annex 14, this subsystem includes two parts:
(a) passenger service applications, including passenger information systems before and during travel, booking and payment systems, baggage management, train-to-train correspondence management and other modes of transportation;
(b) Cargo service applications, including information systems (real-time tracking of goods and trains), yard and assignment systems, reservation, payment and billing systems, correspondence management with other modes of transport, electronic support documents production.
2.7. rolling stock
The structure, the control and control system of all the equipment of the train, the electrical current capture devices, the traction and energy transformation equipment, the onboard equipment for measuring the consumption of electricity, the braking, mating equipment, the working bodies (bogies, axles, etc.) and the suspension, the doors, the human/machine interfaces (train conductor, other
2.8. Maintenance
Procedures, associated equipment, logistics maintenance facilities, reserves to ensure mandatory corrective and preventive maintenance operations planned to ensure the interoperability of the railway system and ensure the necessary performance.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 16
Essential requirements
1. General scope requirements
1.1. Security
1.1.1. The design, construction or manufacture, maintenance and monitoring of critical components for safety and, in particular, elements involved in train traffic must ensure safety at the level corresponding to the network objectives, including in the specified degraded situations.
1.1.2. The parameters in the wheel-rail contact shall meet the rolling stability criteria necessary to ensure safe traffic at the maximum permissible speed. The brake equipment parameters shall allow the stopping on a braking distance given to the maximum permissible speed.
1.1.3. The components used must withstand the normal or exceptional loads specified during their service life. Their accidental failures must be limited in their impact on safety by appropriate means.
1.1.4. The design of fixed installations and rolling stock as well as the selection of materials used shall be designed to limit the production, propagation and effects of fire and smoke in the event of fire.
1.1.5. Devices intended to be manoeuvated by users must be designed so as not to compromise the safe operation of devices or the health and safety of users in case of predictable use but not in accordance with the instructions displayed.
1.2. Reliability and availability
Monitoring and maintenance of stationary or mobile components involved in train traffic shall be organized, conducted and quantified to maintain their function under the conditions provided.
1.3. Health
1.3.1. Materials that may, in their mode of use, endanger the health of people with access must not be used in trains and railway infrastructure.
1.3.2. The choice, implementation and use of these materials must be aimed at limiting the emissions of harmful and dangerous smoke or gases, particularly in the event of fire.
1.4. Environmental protection
1.4.1. The environmental impacts of the introduction and operation of the railway system must be assessed and taken into account in the design of the system in accordance with existing Community provisions.
1.4.2. Materials used in trains and infrastructure must avoid the issuance of harmful and environmentally hazardous smoke or gas, particularly in the event of fire.
1.4.3. The rolling stock and power supply systems shall be designed and constructed to be compatible, in electromagnetic matter, with the facilities, equipment and public or private networks with which they may interfere.
1.4.4. The operation of the railway system must meet the regulatory levels for sound nuisance.
1.4.5. The operation of the railway system must not be at the origin, in the ground, of an unacceptable level of vibration for the activities and the environment crossed close to the infrastructure and in normal maintenance.
1.5. Technical compatibility
The technical characteristics of the infrastructure and fixed installations shall be compatible with each other and with those of the trains to be operated on the railway system.
When compliance with these features is difficult in some parts of the network, temporary solutions, ensuring future compatibility, can be implemented.
1.6. Accessibility
1.6.1. Infrastructure and rolling stock subsystems must be accessible to persons with disabilities and persons with reduced mobility in order to ensure that they have equal access to others through the prevention or removal of barriers and other appropriate measures. This includes the design, construction, renewal, redevelopment, maintenance and operation of the relevant subsystem elements to which the public has access.
1.6.2. The "operating" and "telematic applications for travellers" subsystems must provide the functionality necessary to facilitate access to persons with disabilities and persons with reduced mobility on the basis of equality with others, by preventing or eliminating obstacles and other appropriate measures.
2. Specific requirements for each subsystem
2.1. Infrastructure
2.1.1. Security
Appropriate arrangements must be made to avoid undesirable access or intrusion in facilities.
Arrangements must be made to limit the dangers of people, particularly when trains are passing through stations.
The infrastructure to which the public has access must be designed and implemented in a manner that minimizes the risks to the safety of persons (stability, fire, access, evacuation, dock, etc.).
Appropriate arrangements shall be made to take into account the special safety conditions in tunnels and viaducts of large length.
2.1.2. Accessibility (new)
2.1.2.1. Infrastructure subsystems to which the public has access must be accessible to persons with disabilities and persons with reduced mobility in accordance with point 1.6.
2.2. Energy
2.2.1. Security
The operation of power supply facilities shall not compromise the safety of trains or persons (users, operating personnel, residents and third parties).
2.2.2. Environmental protection
The operation of electrical or thermal power installations shall not disrupt the environment beyond the specified limits.
2.2.3. Technical compatibility
Electrical/thermal power supply systems used shall:
- allow trains to perform the specified performance;
- in the case of electrical power supply systems, be compatible with the capture devices installed on the trains.
2.3. Control and signalling
2.3.1. Security
The control and signalling systems and procedures used shall enable the movement of trains with the level of safety corresponding to the network objectives. Control and signalling systems shall continue to allow the safe operation of the trains authorized to operate in a specified degraded situation.
2.3.2. Technical compatibility
Any new infrastructure and any new rolling stock built or developed after the adoption of compatible control and signalling systems must be adapted to the use of these systems.
The control and signalling equipment installed in the train stations shall allow normal operation, under the specified conditions, on the railway system.
2.4. rolling stock
2.4.1. Security
The structures of the rolling stock and the connections between the vehicles shall be designed to protect the spaces where passengers are located and the driving spaces in the event of collision or derailment.
Electrical equipment shall not compromise the operating safety of control and signalling facilities.
Braking techniques and efforts must be consistent with the design of lanes, works of art and signalling systems.
Arrangements must be made with regard to access to the energetic components so as not to endanger the safety of persons.
In the event of danger, devices shall allow passengers to warn the train operator and the accompanying personnel to contact the train operator.
Access doors must be equipped with a closing and opening system that ensures passenger safety.
Emergency exits must be planned and reported.
Appropriate arrangements shall be made to take into account the special safety conditions in long tunnels.
An emergency lighting system of sufficient intensity and autonomy is mandatory on trains.
Trains must be equipped with a sonorization system allowing the transmission of messages to passengers by on-board staff.
2.4.2. Reliability and availability
The design of vital equipment, bearing, traction and braking as well as control-control shall allow, in a specified degraded situation, the continuation of the train mission without adverse consequences for the equipment remaining in service.
2.4.3. Technical compatibility
Electrical equipment must be compatible with the operation of control and signalling facilities.
In the case of electric traction, the characteristics of current capture devices shall allow the movement of trains under the power supply systems of the railway system.
The characteristics of the rolling stock shall enable it to circulate on all lines on which its operation is planned, taking into account the prevailing climatic conditions.
2.4.4. Monitoring
Trains must be equipped with a recording device. Data collected by this device and data processing shall be harmonized.
2.4.5. Accessibility
2.4.5.1. The rolling stock subsystems to which the public has access must be accessible to persons with disabilities and persons with reduced mobility in accordance with point 1.6.
2.5. Maintenance
2.5.1. Health and safety
Technical facilities and procedures used in the centres must ensure safe operation of the subsystem concerned and not constitute a danger to health and safety.
2.5.2. Environmental protection
Technical facilities and procedures used in maintenance centres shall not exceed the eligible levels of nuisance for the surrounding environment.
2.5.3. Technical compatibility
Maintenance facilities dealing with rolling stock must allow for safety, hygiene and comfort operations on all equipment for which they were designed.
2.6. Traffic operations and management
2.6.1. Security
The coherence of the network operating rules and the qualification of train drivers, flight attendants and control centres must ensure safe operation, taking into account the different requirements of cross-border and internal services.
Maintenance operations and intervals, training and qualification of maintenance personnel and control centres, as well as the quality assurance system in the control and maintenance centres of the operators concerned must ensure a high level of safety.
2.6.2. Reliability and availability
Maintenance operations and intervals, training and qualification of maintenance personnel and control centres, as well as the quality assurance system implemented by the operators involved in the control and maintenance centres, must ensure a high level of reliability and availability of the system.
2.6.3. Technical compatibility
The coherence of the network operating rules and the qualification of train drivers, flight attendants and traffic management personnel must ensure the efficiency of the operation on the railway system, taking into account the different requirements of cross-border and internal services.
2.6.4. Accessibility
2.6.4.1. Appropriate measures must be taken to ensure that the operating rules provide the functionality necessary to ensure accessibility to persons with disabilities and persons with reduced mobility.
2.7. Telematic applications for passengers and freight
2.7.1. Technical compatibility
The essential requirements in the area of telematic applications guarantee a minimum quality of service to passengers and customers in the goods sector, particularly in terms of technical compatibility.
For these applications, it is necessary to ensure that:
- databases, software and data communication protocols are developed to ensure maximum data exchange opportunities between different applications and different operators, excluding confidential business data;
- information is easily accessible to users.
2.7.2. Reliability and availability
Methods of using, managing, updating and maintaining these databases, software and data communication protocols must ensure the effectiveness of these systems and the quality of service.
2.7.3. Health
Interfaces of these systems with users must comply with the minimum ergonomic and health protection rules.
2.7.4. Security
Sufficient levels of integrity and reliability must be ensured for the storage or transmission of security-related information.
2.7.5. Accessibility
2.7.5.1. Appropriate measures must be taken to ensure that the subsystems "Telematic passenger applications" provide the functionality necessary to ensure accessibility to persons with disabilities and persons with reduced mobility.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 17
"EC" declaration of conformity and suitability for the use of interoperability components
1. Interoperability constituents
The "EC" declaration applies to the interoperability components concerned by the interoperability of the railway system referred to in section 153. These interoperability components may be:
1.1. Banalized constituents
These are components that are not specific to the railway system and that can be used in other areas.
1.2. Banalized components with specific characteristics
These are components that are not as such specific to the railway system but must demonstrate specific performance when used in the railway field.
1.3. Specific constituents
These are components that are specific to railway applications.
2. Scope
The "EC" declaration concerns:
- the assessment, by a notified body(s), of the intrinsic conformity of an interoperability component, considered in isolation, with the technical specifications to be met;
- either the assessment/appreciation, by a notified body(s), of the suitability of the use of an interoperability component, considered in its railway environment, in particular in the case where interfaces are at stake, in relation to technical specifications, particularly of a functional nature, that must be verified.
The evaluation procedures carried out by the notified bodies at the design and production stage use the modules defined in Decision 93/465/EEC according to the conditions specified in ITS.
3. Contents of the "EC" declaration
The "EC" declaration of conformity or fitness to employment and the accompanying documents must be dated and signed.
This statement must be in the same language as the instruction notice and include the following:
- references to Directive 2008/57/EC;
- name and address of the manufacturer or its agent established in the Union (indicate the social reason and the full address; in case of an agent, also indicate the manufacturer ' s social reason;
- description of the interoperability component (mark, type, etc.);
- indication of the procedure followed to declare conformity or fitness to employment (Article 14);
- all relevant descriptions to which the interoperability component responds and in particular the terms and conditions of use;
- name and address of the body (organizations) notified that has (are) intervened in the procedure followed with respect to the conformity or suitability of employment and date of the certificate of examination, if any, with the duration and conditions of validity of the certificate;
- where applicable, reference to European specifications;
- identification of the signatory that has been authorized to hire the manufacturer or its representative established in the European Union.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 18
"EC" Subsystem Verification Statement
1. "EC" Subsystem Verification Statement
The "EC" audit statement and accompanying documents must be dated and signed.
The said declaration shall be based on information from the "EC" verification procedure of the subsystems as defined in Part 2 of Schedule 19. This statement should be in the same language as the technical record and should include at least the following:
- references to the directive;
- the name and address of the procuring entity or manufacturer, or its representative established in the European Union (indicate the social reason and the full address; in case of an agent, also indicate the social reason of the procuring entity or manufacturer;
- a brief description of the subsystem;
- the name and address of the notified organization that conducted the "EC" verification referred to in section 172;
- references to documents in the technical file;
- any temporary or final relevant provisions to which the subsystem must comply, including, where appropriate, restrictions or operating conditions;
- if the provisions are temporary: the validity of the "EC" declaration;
- the identity of the signatory.
In the event that reference is made in Appendix 19 to the "EC" ACI declaration, the provisions of this Part apply to this declaration.
2. Declaration of verification of subsystems in the event of national rules
In the event that reference is made in Appendix 19 to the subsystem verification declaration in the event of national rules, the provisions of Part 1 shall apply mutatis mutandis to that declaration.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 19
"EC" verification procedure of subsystems
1. GENERAL PRINCIPLES
The "EC" verification procedure of a subsystem is to control and certify that a subsystem:
- is designed, constructed and installed in a manner that meets the essential requirements concerning it, and
- can be put into service.
2. CE VERIFICATION PROCEDURE
2.1. Introduction
The "EC" verification is the procedure by which a notified body controls and certifies that the subsystem:
- Satisfies the relevant STI(s);
- complies with other regulatory provisions arising from the Treaty.
2.2. Subsystem elements and steps
2.2.1. Intermediate Control Certificate (IAA)
If the ITS specifies or, where applicable, at the request of the applicant, the subsystem may be subdivided into multiple elements or controlled at certain stages of the verification procedure.
The intermediate control certificate (ICA) is the procedure by which a notified body controls and certifies certain elements of the subsystem or certain stages of the verification procedure.
Each ACI leads to the issuance of an ACI certificate "EC" by the notified body chosen by the applicant who, if applicable, then prepares an ACI declaration "EC". ICA certificate and ICA declaration must refer to ITS with which compliance was assessed
2.2.2. Subsystem elements
The applicant may request an ACI for each element. Each element is controlled at each step as described in 2.2.3.
2.2.3. Steps of the verification procedure
The subsystem or some of its elements are controlled at each of the following steps:
- the overall design;
- production: construction, including the execution of civil engineering works, the manufacture, the assembly of the components, the adjustment of the whole;
- the final tests of the subsystem.
The applicant may request an ACI for the design stage (including type tests) and for the production stage.
2.3. Certificate of verification
2.3.1. The notified body responsible for the "EC" audit assesses the design, production and final testing of the subsystem and establishes an "EC" verification certificate for the applicant, which in turn sets out the "EC" verification declaration. The "EC" verification certificate must refer to ITS with which compliance was assessed.
When a subsystem has not been evaluated to verify compliance with all relevant ITS (e.g., in the event of derogation, partial application of ITS on the occasion of redevelopment or renewal, transition period in a ITS or a particular case), the "EC" certificate accurately refers to ITS or their elements for which compliance was not reviewed by the notified body during the EC procedure.
2.3.2. When ICA "EC" certificates were issued, the notified body responsible for the "EC" verification of the subsystem takes into account these ICA "EC" certificates and, before issuing the "EC" verification certificate:
- ensures that ICA "EC" certificates are consistent with the relevant ITS requirements;
- checks all aspects that are not covered by ICA "EC" certificate(s) and
- check the final tests of the subsystem as a whole.
2.4. Technical record
The technical file accompanying the "EC" audit declaration must contain the following documents:
- the technical characteristics related to the design, including general and detailed plans for execution, electrical and hydraulic diagrams, the diagrams of the control circuits, the description of computer systems and automations, the operating and maintenance records, etc., relating to the subsystem concerned;
- the list of interoperability components referred to in section 4 incorporated in the subsystem;
- copies of the "EC" declarations of conformity or suitability of employment to which the said components shall be provided in accordance with the provisions of Article 14 of this Rail Code, accompanied, where appropriate, of the corresponding calculation notes and a copy of the records of the tests and examinations carried out by the notified bodies on the basis of the common technical specifications;
- where applicable, the ICA "EC" certificates and, if so, the ICA "EC" declarations accompanying the "EC" verification certificate, including the result of the verification of the validity of the certificates made by the notified body;
- the verification certificate "EC", accompanied by the corresponding calculation notes and signed by the notified body responsible for the audit"EC, stating that the subsystem complies with the requirements of the relevant ITS and mentioning any reservations made during the execution of the work and that would not have been lifted; the audit certificate "EC" is also accompanied by the inspection and audit reports that the notified agency has prepared as part of its mission, as specified in points 2.5.3 and 2.5.4;
- "EC" certificates issued in accordance with other legislative measures arising from the Treaty;
- where safe integration is required in accordance with Commission Regulation (EC) No. 352/2009, the applicant shall include in the technical file the report of the assessor on common safety methods (MSC) with respect to the risk assessment referred to in Article 6, paragraph 3, of Directive 2004/49/EC.
2.5. Monitoring
2.5.1. The purpose of the "EC" monitoring is to ensure that the obligations arising from the technical record were met during the completion of the subsystem.
2.5.2. The notified body responsible for monitoring the implementation must have access to the construction sites, manufacturing workshops, storage areas and, where appropriate, prefabrication facilities, testing facilities, and more generally to all places that it may consider necessary for the fulfilment of its mission. The notified body shall receive from the applicant all relevant documents, including the implementation plans and technical documentation relating to the subsystem.
2.5.3. The notified organization responsible for monitoring the implementation must conduct periodic audits to ensure that the relevant TSIs are met. It must provide an audit report on this occasion to the professionals responsible for the realization. Its presence may be required during certain phases of the construction site.
2.5.4. The notified body can also conduct unannounced visits to the construction site or manufacturing workshops. On the occasion of these visits, the notified body may conduct full or partial audits. It must provide a visit report and, if necessary, an audit report to the professionals responsible for the implementation.
2.5.5. In order to issue the "EC" statement of suitability for employment referred to in Annex 6, item 2, the notified body must be able to control a subsystem in which an interoperability component is incorporated so as to determine, if the corresponding STI so requires, its ability to use in the railway environment to which it is intended.
2.6. Deposit
The complete file referred to in section 2.4 shall be filed with the applicant in support of the ICA "EC" certificates, if any, issued by the competent notified body or in support of the audit certificate issued by the notified body responsible for the "EC" verification of the subsystem. The file is attached to the "EC" verification statement that the applicant sends to the competent authority to which he submits his application for a commissioning authorization.
A copy of the file is retained by the applicant throughout the life of the subsystem. The file is communicated to other Member States upon request.
2.7. Publication
Each notified body periodically publishes relevant information concerning:
- applications for "EC" and ICA audits received;
- the application for conformity assessment and/or suitability of ICs;
- ICA certificates "EC" issued or refused;
- "EC" certificates of conformity or fitness to employment issued or refused;
- "EC" verification certificates issued or refused.
2.8. Language
Records and correspondence relating to the verification procedures "EC" are written in an official language of the European Union and the Member State where the applicant is established or in an official language of the European Union accepted by the applicant.
3. PROCEDURE FOR NATIONAL REGULATIONS
3.1. Introduction
The verification procedure in the event of national rules is the procedure by which the designated body controls and certifies that the subsystem complies with the notified national rules in accordance with Article 171.
3.2. Certificate of verification
The designated body responsible for the verification procedure in the event of national rules establishes the verification certificate for the applicant. This certificate contains a specific reference to the national rule or national rules that have been reviewed by the designated body as part of the verification process, including the rules relating to elements that are subject to an ITS exemption, whether a redevelopment or a renewal.
In the case of national rules relating to subsystems comprising a vehicle, the designated body subdivides the certificate into two parts, one indicating the references to the national rules strictly related to the technical compatibility between the vehicle and the network concerned, the other for all other national rules.
3.3. Technical record
The technical record that accompanies the verification certificate in the case of national rules is included in the technical file referred to in paragraph 2.4. and contains the relevant technical data for the assessment of the compliance of the subsystem with national rules.
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 20
Parameters to be checked for the commissioning of vehicles not conforming to ITS and classification of national rules
1. List of parameters
1.1. General documentation
General documentation (including the description of the new vehicle, renewed or redesigned and its intended use, design, repair, operation and maintenance information, technical documentation, etc.).
1.2. Structure and mechanical parts
Mechanical integrity and interface between vehicles (including pads and traction organs, corridors/passers), robust vehicle structure and equipment (e.g., seats), load capacity, passive safety (including internal and external shock resistance).
1.3. Vehicle/railway and gauge
Mechanical interfaces to the infrastructure (including static and dynamic behavior, games and tolerances, template, bearing organs, etc.).
1.4. Braking equipment
Braking devices (including locking protection, braking control, braking power in service, parking and emergency modes).
1.5. Passenger-related devices
Facilities for passengers and passenger environment (including windows and passenger car doors, the special needs of people with reduced mobility, etc.).
1.6. Environmental conditions and aerodynamic effects
The impact of the environment on the vehicle and the impact of the vehicle on the environment (including aerodynamic conditions, the interface between the vehicle and the "ground" part of the railway system and the interface with the outside environment).
1.7. External warning, signal, software integrity requirements
Exterior warnings, signals, functions and software integrity, such as security-conditioning functions that affect the train behaviour, including the train bus.
1.8. Power and control systems on board
On-board propulsion, power and control systems, vehicle interface with energy supply infrastructure and all aspects of electromagnetic compatibility.
1.9. Facilities for staff, interfaces and environment
Facilities on board, interfaces, conditions and the working environment of staff (including driving stations, the driver-machine interface).
1.10. Fire protection and evacuation
1.11. Current maintenance
On-board installations and current maintenance interfaces
1.12. Control and signalling on board
All of the on-board equipment used to ensure safety, control and control the movement of the trains authorized to circulate on the network and its effects on the "ground" part of the railway system.
1.13. Specific operational requirements
Specific operational requirements of vehicles (including degraded mode, vehicle troubleshooting, etc.).
1.14. Freight-related devices
Cargo-specific requirements and environments (including facilities specific to dangerous goods).
The explanations and examples described above in italics are given only as information and do not constitute the definitions of parameters.
2. Classification of rules
The national rules for the parameters identified in point 1 are assigned to one of the three groups specified below. Strictly local rules and restrictions are not concerned; their audit is part of the controls to be put in place by mutual agreement by railways and the infrastructure manager.
Group A
Group A includes:
- international standards;
- national rules that are deemed to be equivalent in terms of railway safety to national rules of other Member States.
Group B
Group B includes any rule that does not fall within group A or C, or that has not yet been classified into one of these groups.
Group C
Group C includes rules that are strictly necessary and related to the technical characteristics of the infrastructure for safe and interoperable operation in the network concerned (e.g. the template).
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 21
Minimum criteria to be taken into account by member States for notification of organizations
1. The body, its director and the personnel responsible for conducting audit operations may not intervene, either directly or as agents, in the design, manufacture, construction, marketing or maintenance of interoperability components or subsystems, or in the operation. This does not exclude the possibility of an exchange of technical information between the manufacturer and the body.
2. The audit body and staff shall perform the audit operations with the highest professional integrity and technical competence and shall be free of all pressures and incentives, including financial incentives, that may influence their judgment or the results of their control, in particular those from individuals or groups of persons interested in the results of the audits.
In particular, the auditing agency and staff must be functionally independent of the designated authorities to issue the commissioning authorizations, licences, and security certificates referred to in this Rail Code, as well as entities responsible for the investigation of accidents.
3. The organization must have the staff and have the necessary means to carry out the technical and administrative tasks related to the conduct of the audits; it must also have access to the equipment required for exceptional checks.
4. The inspection staff must have:
- adequate technical and vocational training;
- Satisfactory knowledge of the verification requirements and sufficient practice of these audits;
- the ability to write certificates, minutes and reports that constitute the materialization of the controls performed.
5. The independence of control personnel must be guaranteed. The remuneration of each officer shall not be dependent on the number of controls it performs or the results of such controls.
6. The organization must provide civil liability insurance, unless the liability is covered by the State or the audits are carried out directly by the State.
7. The staff of the organization is bound by professional secrecy for all that he learns in the performance of his duties (except for the competent administrative authorities and the authorities responsible for the investigation of the accidents of the State in which he carries out his activities, as well as with respect to the bodies investigating the accidents caused by the failure of the constituents of interoperability or controlled subsystems)
Seen to be annexed to the Railway Code Act of 30 August 2013.

Annex 22
Derogation file
The request for exemption includes the following documents:
(a) a formal letter communicating to the Commission the proposed exemption;
(b) a record, annexed to the letter, including at least:
- a description of the work, goods and services subject to the exemption, specifying key dates, geographic location and functional and technical domain;
- a specific reference to ITS (or parts thereof) for which an exemption is requested;
- a specific reference and details of the replacement provisions to be applied;
- for requests under section 159, paragraph 1^er, point 1°, justification for the advanced stage of project development;
- justification for the exemption, including the main reasons of a technical, economic, commercial, operational and/or administrative nature;
- any other justification for the request for exemption;
- a description of the measures the Member State plans to take to promote the final interoperability of the project. If this is a minor derogation, this description is not required.
The documentation must be provided in both paper and electronic files, allowing its distribution among committee members.
Seen to be annexed to the Railway Code Act of 30 August 2013.